WorkComp BRAIN INJURY Self-Procured Care, Hotel Vouchers, Mediation, Status and Updates

Subject: LINDA AYRES VS. WYNDHAM WORLDWIDE ; Re: Hotel Vouchers, Mediation, Status and Updates

“…Timeshare….a fantastic industry to work in…..FACT!”  UNLESS…………..


Hi Tina,

Thanks very much.  The vouchers are a  huge relief for me.  I can make some tentative plans now, pending your further response.

why mediate

Friends in the industry have suggested that I do what I can to initiate mediation toward settlement.  I have done all I can do for a few years and have been merely insulted in addition to further injuries.   It’s hopeless for me to try to deal with these people, even though Workers Comp is supposed to be an “Exclusive Remedy”….. it’s a farce.  That’s a given.

If you and Michael Dougherty et al all want to approach the carrier and defense firm, I would be open to mediation in Los Angeles, but I won’t suggest it to them again.

They are copied herewith because that’s apparently the law, according to Stewart Reubens.  I have been evaluated by approximately 40 doctors in person, and how more have reviewed records? Defense has enough evidence; they know what a brain injury is, and what my future medical picture could look like, and how they have successfully and dramatically shortened my life span, and continue to do so.

You and Michael might want to have them submit a proposal to me, that I can review with someone who is not in an adversarial position against me, and perhaps we can settle up.   If not, well, when nothing changes, nothing changes.  I am open to anything reasonable.  $100K was offered in November 2012 when the extent of injuries was obfuscated by refusals by the carrier/defense to authorize specialty evaluations and treatments.   I was 59 when the injury happened. Tic Toc. They are wasting what’s left of my impaired life.

Homer  Doe  Doh

Here is an article about: CLOSE “IN PRO PER” CLAIMS

WITH MEDIATION    via WorkComp Mediator

“….Sometimes the SRA has a bona fide complaint, but without professional assistance has not been able to communicate it. The neutral mediator is often able to re-state the concern in a way the parties can address and put past them. The mediator can help each party see the other side’s point of view.”

“Animosity can obstruct effective communication. Caucusing allows parties to avoid direct confrontation. The parties are separated, and the mediator shuttles between rooms.  The mediator presents the parties’ views in a way most likely to lead to resolution.”

“Minimally, mediation can improve communication and relations between the parties…..”


I think, based on my experiences of each of them,  Grancell wants this to be a till-death-do-us-part claim term.

It’s more profitable for the law firm.  If Teddy Synder, Esq.  would mediate this case, I have been watching her posts for quite a while.  I don’t sense that she is owned by the industry, so I would imagine she could mediate this case.  You or Michael could check with her office?  Or ask Fred Sachs to?  It’s not in Grancell’s  financial interests to move this case anywhere; they apparently gets paid no matter what, huh?

Remember, I have been seen by approximately 40 doctors, and I did not get reasonable nor appropriate medical care at the time of the accident, not even an offer for a ride to the emergency room after my manager helped me up after laying on the ground for who knows how long, and I needed help to get up, and I was very dazed and confused.  The sales meeting happened shortly after that, and everybody had a good laugh about my fall.  I had a 9 am tour.  All I remember about it is apologizing to them that I was confused, and that I had fallen on the ice earlier and hit my head, and they were owners and didn’t want to upgrade, so with apologies, I remember saying, “Let’s get your gift.”  That’s was probably their favorite ever update.


It was after that that the admin manager asked if I was going to see a doctor and I recall saying, “Yes, do I have to see any special doctor?”  He said, as I have often quoted, “Just see any doctor that takes workers comp insurance” and gave me an incomplete DWC-1 form, without any insurance info on it.   I called a local chiropractor and asked if he accepts work comp and the office said he did.  So down the icy mountain I drove, God only knows how; I don’t remember any of it.  I do remember getting to the doctor’s office just before 5, so I don’t know why it took so long to get there.

I thought I just needed an “adjustment” and that I would be fine. The doctors said I had a concussion along with the mis-alignments.  He said I would probably feel like I’d been hit by a truck in a few days, and he was certainly right on that.

I didn’t know what a concussion was, I just knew I couldn’t think anymore, and my eyes looked like, so the office told me later, that ‘nobody was home”.  I had trouble speaking immediately, and the receptionist was often exasperated by my huge challenges to make a simply return appointment.


I called EAP, and they sent me to a LOCAL clinical psychologist, Dr. DeGoede.  While waiting to see the clinical psychologist in a few days, I went to the Urgent Care, using my CIGNA employee health benefits, and CIGNA even had to fax my ID card to them before they would see me. So everybody knew it was a WorkComp injury.   I got lost going there, I was very tired, they said they couldn’t see me till they had the CIGNA card, so I told them I would go home to sleep and asked them to call me when they got the fax.  I got lost going home (about 5 miles away) , and returning to the office. It  was not part of the alleged MPN at the time (I knew nothing of an MPN still) but he has since benefited financially by becoming a referral member.  It was the Urgent Care doctor who prescribed the MRI of my brain, which I got and paid for with a $371 co-pay with CIGNA insurance.

The clinical psychologist referred me to a local neurologist, who turns out was on the alleged MPN, but refused to see me when I appeared, with the hand written referral letter.  That neurologist’s  office perjured later and said I failed to appear. I begged for help or a referral to someone who could help.

CNA had no neurologists nor neuro-psychologists, (apparently still don’t) so they relied on Dr. DeGoede’s rollodex to find Dr. Eileen Kang, Neuropsychologist in Fullerton.   She didn’t know the neurologist her office referred me to at the Orange County Neurology Center, but they could see me within weeks, not months, due to cancellations.  I’m sure that neurologist gets plenty of cancellations.   He wanted me to drive, sleep deprived, more than 100 miles each way for an EEG in his office.  I asked then adjuster to get me an EEG closer to home, and a neurologist closer to home (this was about 2 hours away, and I was in no condition to be driving period, let alone driving sleep-deprived.  That’s when I began to think, “LOOK, I’M INJURED NOT STUPID”

lisa and bart the whole damn system is wrong

As soon as it was clear I had a brain injury, then adjuster terminated benefits (April 2012; injury was January 9, 2012) .  Remember, the first adjuster, while I was represented, accepted a call from me and told me if I was NOT represented, he would help me get medical care. It sounded to me like that was the only way I was going to get care, and since the law firm didn’t under grasp that the brain is a body part, and not a “psych-component” I was willing to work with him.

That’s how we got the initial evaluations, until it was too clear for CNA that they had a brain injury case.  The first law firm I retained there was no attorney supervising the office manager who sent me to the first orthopedic surgeon…. I think you know how it went from bad to worse from there…..Remember, upon confirmation of brain injury is when all the reallly bad stuff began to happen.

CNA never even authorized an MRI of my brain and took over a year to payback my CIGNA co-pay of $371, and actually, apparently doubled paid the provider. They never provided the neuro-optometry evaluations requested repeatedly since 2012, nor will they schedule the one authorized this year.  They refused to reimburse for self-procured neuro-optometry and lenses and vision therapy.

The auditory processing piece recommended at SCRIPPS includes a software program for approximately $100 bucks for auditory retraining, to go along with the proposed hearing devices.  CNA refused to get the cognitive remediation therapy repeatedly requested, they refused to even get a speech therapy evaluations and I didn’t get speech therapy till August 2014, when SCRIPPS was authorized for a fraction of the time medically necessary.  We all already know the rest of that story.

California Republic one star yikes

Remember, it’s not loss of hearing at issue, it’s the auditory PROCESSING, like it’s not vision at issue, it’s the VISION PROCESSING.  It’s a brain injury.  The brain in command center. I have not seen an endocrinologist nor have I had any ongoing treatment other than acupuncture, which has measurable results.  I suspect it will be necessary for a life-time, as I have experienced extreme dizziness and nausea if I go too many weeks between sessions, as happened in recent weeks.  I’m back to a weekly plan, for as long as I can afford it.  Chiropractic, self-procured for pain management, and also in conjunction with right shoulder mobility, takes place several times a month, no thanks to CNA.


The Orthopedic issues have always been secondary to the brain injury to me, and acupuncture, self-procured since August 2013, is the only ongoing medical care I have received, with measurable improvements that have also eliminated the suggested need for right shoulder surgery, although the defense apparently resorted to extortion to convince the PTP to falsely state the right shoulder injury was “Non-Industrial” when a fast glance at the Crowe-Paradis future medical piece clearly showed the right shoulder, the need for further MRI’s etc. Defense resorts to chicanery; I stand in truth.   When my manager helped me up from the ground, heard my response to his question, “Are you ok?” and I said, “No, I’m not. I hit my head reallly really hard” the direction Grancell has taken this case is dubious, at best, but I don’t think Stewart reads much, and I suspect there is some serious CYA happening.

I got an EEG in 2012, because the adjuster threatened me that if I did not get one by March 30th, he would terminate my benefits.  Defense likes to show that as an EEG of 2010, because of the doctor’s typo on the cover letter, which clearly references the 2012 evaluations and the actual EEGs show the 2012 dates.  Obfuscation with intent to deny medical care has been continuous.  That EEG was omitted repeatedly, moved around the medical index from 2012, to 2012, then separated and scattered about…. to ensure falsehoods of ‘pre-existing evidence of EEG’ had some plausible deniability to the staff’s writing reports for the doctors in question.

www meme 4

It took till 2014 for CNA to get an EEG for the 2012 brain injury, and then they refused to have a follow up, as recommended by the neurologist, to have a doctor review the EEG with medical records.  I have spent more than $43,000 to survive the Wyndham WorkComp plan, and the only real progress I have made is my sheer will to survive, and the compensatory strategies I am learning at Coastline Acquired Brain Injury Program (since October 2014).   Fellowship with other Brain Injury survivors is also very helpful in accepting this “new normal”…. everybody in my class is exceptionally intelligent, and we all have different struggles, depending on which brain lobes are involved.   Based on my symptoms, all of lobes are involved.  It’s not just that I get a little dizzy and some headaches, believe me, it’s not just that.


You see, if I had received medical care at the beginning, and as recommended and I was stuck with these cognitive deficits, I would shrug and say, ‘bummer, let’s work around it”…. but because I am a victim of  what appears to be aggressive criminal conduct, with intent and success in causing permanent harm to my brain,  for the profit of several/many people, not only do I have to fight to work around my cognitive impairments, I have fight to stay alive, and the legal stress and the financial stress are of some of the worst things that a Brain Injury Survivor can deal with.

In 2014, a structured settlement guy attempted to open lines of communication with the carrier toward settlement and/or mediation, I also asked both the 2 adjusters and current defense counsel to engage in mediation.   I sense they threatened him because he never provided me with anything that looked like he had done anything to determine the numbers, and actually just relied on my guestimates.  In a face to face meeting, he actually snarled at me and said, “THEY WILL NEVER TALK TO YOU.”

“Yikes, ok, Dude, chill.  Nice to meet you, too.” was my reaction.


It was suggested that I do the math myself and propose a settlement number.  I know they have computers to sort that out, and I gave it my best shot at $700,000, and after attending the SCRIPPS 9th Annual Brain Injury Conference in May 2014, where I learned of the long term risks involved in my injuries on top of current impairments,  the estimated number rose to $1.3 million, also considering shortened life span from the initial fall, and the continuously shortening of my life due to the failures to have been provided with medical care, and all attempts at self-procured care interrupted with threats by the defense counsel.

My efforts were met with further insults to injuries.   Not only did they just say “No”…. a representative from the Carrier actually called me, said he did not care that I haven’t received medical care for more than 2.5 years (at the time) and then asked, “So tell me, Linda, when ARE you going to die?”   A while later, the defense attorney, in a politely framed but completely vile agenda suggested that since I am so challenged in dealing with the legal processes (pure chicanery in my book!) of Work Comp, that I consider a Court Appointed Conservator.  Combined with the omission of medical records, false statements to doctors with intent to deny medical care, and causing permanent and irreparable brain damage to me,  I have no interest in anything from them other than an immediate and reasonable settlement offer.

mon politics is

If you and Michael Dougherty, on behalf of Wyndham, pow-wow with the Wyndham agents, CNA and Grancell, perhaps you can encourage settlement or mediation.  I have no reason to believe they will act in good faith, as they have not done so from the very beginning.  Remember, they terminated benefits in April 2012 upon confirmed diagnosis of brain injury, which could be considered a criminal act.  Yes, I know they can work around it.  The truth is what it is regardless of lies surrounding it.

If I keep trying to edit this to make it shorter, I will keep adding to it.

mlk hitler germany

In addition to the points of the earlier email, an extension to my leave so I can finish up at Coastline  (last day of program for 2015 is December 10)   I am hopeful that by then I can return to work with minimal accommodations, and if you’re willing, we can plan on a transition return to work while I am still at Coastline (full 2 week training, then back to 2-3 days at Coastline with 2-3 days on the sales floor, with an aim to be full time and well equipped for high season, starting December 14th-ish.

This is the longer version so that if you and Michael want to approach CNA and Grancell with a request for mediation, settlement and or claim audit, you have plenty to work with.  [Ditto for any Civil Rights Litigation Firms!]  You don’t have to be a lawyer to see the problems in this case.  I wish I could speak like I can type, but I can’t.   I used to be able to.   My speech is improving, it is much slower, but as a sales person, I do my best to make it appear that I am being pensive and deliberate as I search for words and untangle my thoughts.

I will look for your response to the other issues at your earliest convenience.  The vouchers will keep me going for a while. Thanks again, Tina, that gives me a spark of hope.


Linda Ayres, In Pro Per

#WorkComp & #BrainInjury Survivor

760 368 7236

Keyboards and Maxine

#WorkComp #WorkCompsters and #WhiteRoses




—–Original Message—–

From: Jordan, Tina R <>
To: lindaayres <>
Sent: Fri, Jul 17, 2015 9:01 am
Subject: Hotel Vouchers

Hi Linda,

Please find attached the travel vouchers , as requested.  I am out of the office on business travel and will respond to your other inquiries in the near future.


Tina Jordan

Regional HR Director – Southern California

Wyndham Vacation Ownership

7610 Hazard Center Drive

San Diego, CA 92108

Cell: 702-569-4294



make htings happen

#MicCheck! Couple claims workers’ comp system rigged? Oh My!

 ‘ANALYZE THIS!’  [Another!!!]  #InjuredWorker Request for Support!

work comp guidelines


“SAN DIEGO – A husband and wife claim the workers’ compensation system in San Diego courts is a “good old boys” club, where cases are settled for pennies on a dollar, and they said anyone who is entitled to help has to fight to get it…..”   

“How could they be so blatant in doing this?” Campbell said, and stated she is angry her attorneys pressured her to settle her case for pennies on the dollar.
Campbell said one of her attorneys told her fraud charges would be filed against herself, if she didn’t settle.”

“It puts us in a tough position,” said Campbell’s husband, David Heibert. “Settle the case or hire a criminal attorney.”


See More.  Share More.   WE ARE THE MEDIA NOW!  SO BE IT!



Approximately 8 million of the 54 million injured workers?  

What would SunTzu do?  What would Makana sing?

the game is rigged

What did you learn about Defense Against the Psychopaths this week?


The only known ‘defense’ strategies… DEFENSE AGAINST THE PSYCHOPATH:

What would Dr Yamacrook do? “Win?Win?” situations.. ,,, IME’s


what would you do about work comp today





#InjuredWorkersUniting!  #SilentNoMore

What would YOU suggest as next right actions for this courageous and outraged couple, and other like them?

Lucy Occupy might suggest the following:

  1. Connect with Linda Ayres on linked in….
  2. See Linda’s blogs on Linked in:  See particularly, Journalists, Judges and Lawyers, OhhhMyyy!?
  3. Join LinkedIn group: ASK ABOUT WORKERS COMP GRAVY TRAINS NOW …. and post like there’s no tomorrow…
  4. Search and Join LinkedIn groups relative to YOUR industry, and to WorkComp, Workers Comp, WorkComp, Injured Workers, Insurance…
  5. Follow the blog, ASK ABOUT WORKERS COMP GRAVY TRAINS NOW and peruse the AAWCGT list of posts:
  6. Join   National Association of Injured & Disabled Workers… “No Injured Worker Left Behind” … And create a group, join groups, use their blog app, and BE THE MEDIA…. Make friends; influence people…
  7. Follow the “Top 25 WorkComp Industry Blogs,” and comment regularly; if they are right, support them; if they are wrong, correct them; if they are in collusion, expose them…
  8. Post your updates on Facebook page, ASK ABOUT WORKERS COMP GRAVY TRAINS  (AND USE THE sign up BUTTON to get directly to the blog)
  9. Tweet Up?
  10. See results?
  11. Follow Lucy Occupy & Friends on Blog, Twitter and Facebook….    “MAKE A POSITIVE IMPACT IN 2015!”

occupy virtually 99 percent

Time for #WorkComp EXIT INTERVIEWS

and we are back

Why do doctors and attorneys

leave the WorkComp World?

Time for “Exit Interviews”

David DePaolo  WE ARE BACK  JAN 2015


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

Nominations for Comp Laude Categories

workcompcentral WORD ON THE INDUSTRY

CompLaude 2015

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

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


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

“Insurance Industry Trolls or WorkComp Opiate War Casualties?”

Full list of posts:

AAWCGT  Trolls or Opiate Wars

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

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

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


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

NAIDW  54 million plus

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

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


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

constitution  too long didnt read

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

we are back 3

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



dominoes and constitution


‘Let’s go!’


SunTzu images


SunTzu He will win


Who else is blogging about #WorkComp in America and Elsewhere?


311  WorkComp Nuclear PROFITS BEFORE LIVES

They Are Not Working Hard Enough?

(UPDATED) Reuters: #Fukushima Worker Exploitation “60 Dollars a Day, Nowhere Else to Go” via @exskf via @exskf

TEPCO Apologizes to #Fukushima I NPP Subcontractors and Explains, “Additional Risk Benefit of 10,000 Yen (US$96) a Day Doesn’t Mean Additional Risk Benefit of 10,000 Yen a Day” via @exskf

District Court Dismisses Lawsuit from Family of Worker Who Died At #Fukushima NPP, “No Evidence TEPCO Was Supervising the Work”  and therefore is not responsible for the worker’s death.

“..Then who was supposed to be supervising the work?  The deceased worker himself?..”



How close to a nuclear power plan [or a nuke dump] do you live/play/work?

#ThinkLocally #ActGlobally #OccupyVirtually   #ShelterInPlace

linda-ayres-says-join-me-on-twitter and linked in lindaayres311

Here’s another one that “didn’t make The List”….yet. ;D


occupy virtually 99 percent

Who else is blogging about #WorkComp in America and Elsewhere?



Leave YOUR link as a comment or send to: or and



LI  NOIW dot ORG  JAN 2015

naidw   ca dir party called private NO PRESS

Hmmmmph, do they think this is JAPAN OR WHAT?  CENSORSHIP, NO PRESS FOR INDUSTRY PARTIES….  WHO FUNDED THAT PARTY?  Ms. Baker also apparently thinks that “only a few” injured workers in California are denied medical care and benefits…. yeah, when one injured worker heard her say that, the IW had to TWEET so she would NOT swear out loud….

Nuclear Monkeys

No Reporters Allowed By CA DIR Director Baker At “Private Event” On Cal-Osha & Workers Comp


constitution  too long didnt read


Do you wonder if they know about the approximately $16,000 bonus paid in 2014 by EDD CALIFORNIA to CNA insurance FOR REFUSAL TO PAY TTD BENEFITS IN 2012 AND 2013…. as an apparent approved pattern of practice, yep, and a Judge said it wasn’t the injured workers money….so…IT MUST HAVE BEEN YOUR MONEY, HUH?  CONCERNED YET?  hmph.  PARTY ON……



“This program was established by federal grants from
the Department of Health and Human Services. ”

“Thus, it is free to people with Traumatic Brain Injury, concerned family members, and friends…”


When the WyndhamWorldwide Defense attorney recently asked why the IW believed she was entitled to disability benefits or medical treatment, he sure wasn’t kidding, huh? D’oh! Date of Injury 1/9/12….still waiting….and employer refuses to engage in FEHA required interactive process.  Bummer.  Ayres vs Wyndham et al


Grab the Badge! Honorees can post the LexisNexis top blog badge on their blogsites. We ask that you link it back to this announcement.

2010-2104 HONOREES

LexisNexis Workers' Comp Law Newsroom Staff
LexisNexis Top 25 Blogs for Workers’ Compensation and Workplace Issues – 2010 Honorees
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Reflections…   People Get Ready, There’s a train a comin…

Full article here:
LI  NOIW dot org 2006

LI  NOIW Why is it
Google it:
Lucy Occupy on WorkCompMatters
NAIDW  54 million plus
Send YOUR blog link to and/or leave it as a comment below.


Lucy and Friends on WorkComp Crimes


PS….  Remember Remember….#Fukushima is NOT a Leak.

All Nuclear Reactors Leak All of the Time

liberty see hear say no evil

“Churn, Baby Churn” Chant of WorkComp Defense Firms in America.

“There is NO EXCUSE for the #WorkComp Atrocities in America”

but we might be on to an explanation…..!!!!!!!!!!!!!!

flag distress signal

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’.

Slow forward:

Ortho Report Oct 2014

Ortho report October 2014  2 of 2



The Coastline Foundation continually searches for new and innovative ways to serve the Coastline community. Coastline Community College is a campus without walls, and the Coastline Foundation (like its parent college) knows no barriers. Contact the Foundation at or call (714) 241-6154.

LIFE HAPPENS…. They train the trainers! The DOD seeks their expertise.  Their ‘Graduates” sing their praises!  Compensatory Strategies help many Brain Injury Survivors return to life; sadly, not all are so fortunate.  Not everybody survives…..


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.


Work Comp  TBI Wyndham and YOU

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???)


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?

tbi and icelinda-ayres-says-join-me-on-twitter and linked in lindaayres311

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:


Courtroom Avenger


wpid-img_20141113_185828.jpgLife with TBI is so

WorkComp Wassup America  Nov 2014




What’s next Wyndham? Any help for Injured Workers Now? Claim Audit of CNA? Claim Review of Grancell?

Work Comp  TBI Wyndham and YOU








Ask and Tell about workers comp gravy trains ….. AND BREACHES OF FIDUCIARY RESPONSIBLITIES AND LAW






#ClaimAudits #WorkComp #WyndhamWorldWide #injuredworkers #WorkCompFraud #Wyndham #ReturnToWorkplan #Watmn #CNA #CAAA #Grancell #wcab



#Anonymous Precedes #UNANIMOUS


Open Letter to #WorkComp Investigative Journalists—both sides of the Law

What are THREE QUESTIONS you would ask of injured workers to help you help save their lives?  
1.  ___________________________________________
2.  ___________________________________________
3.  ___________________________________________
Are there any resources YOU would encourage to be included in a directory for the WorkComp Communities…InjuredWorkers, Doctors, Lawyers, Chiefs etc.
1.  ___________________________________________
2.  ___________________________________________
3.  ___________________________________________
TriageNow, a WorkComp phone nurse group was recently stumbled upon and we suggested they contact Wyndham since Wyndham’s staff are clueless on how to handle a worker injury.  They are following on Twitter now.
LinkedIn is proving to be a great place for outreach, and I keep making it to the top of the Wyndham stats.  Maybe for YOUR level of investigative reporting, you can work in an interview with some Wyndham key executives?
Their top peeps are in New Jersey  You or one of your colleagues could approach them with an angle that perhaps you can help solve their future work comp dilemmas and the bad will that will no doubt build.
Linda Ayres  Wyndham LinkedIn   11 8 2014  NUMERO UNO.JPG
Could I pretty please ask your opinion on some questions to ask of other injured workers?  What is it that YOU believe is needed to reach professionals in the work comp community, who are not party to the atrocities that are happening everyday, everywhere? Do you have a list of standard questions?
If you can’t, no worries, We’ll take another route, and thank you again for your consideration.
social networking
We will ask some of my friends and injured worker pals for their stories, and we will render them anonymous, so that they can be shared and explored without emotions. (see email thread below)

We (me and a few Injured Friends and Warriors) hope to have a new website up and running before the WorkComp Laude Awards Gala, and we would like to have a questionnaire Survey available to facilitate further communications.


Will YOU participate?

WorkCompCentral Comp Loud Awards

WorkCompCentral Selects Judges for Comp Laude™ Awards | Business Wire… ( 

Comp Laude Awards  2014
One particular e-group of ‘radical’ and “outspoken” and “knowledgeable” injured workers deals with the unconstitutionality of WorkComp in California, and a variety of other whinings about the government collusion with the insurance company bad guys.  Kaiser, State, Sedgwick, CNA…a bunch of big names involved.  All have had poor experiences with InjuredWorker legal representation, much like my challenge with incompetent counsels.
As we know, that saves no lives, and merely adds to profit margins for the few.  Many have been fighting in the system for 10-20 years.  Yikes, that’s unfathomable to me.  The moment I saw the real deal and got more of marbles back, the faster I wanted out.  Looks like that won’t be happening, so I will kick and scream and expose to expunge, till death do us part.
When I told that particular e-group about the Comp Laude nomination as an Injured Worker, omg, the dirt started flinging, calling me an ‘industry hack’ and worse… Sadly, many have been in the “system” for 10-20+ years, and some seem to be casualties of the opiate drug wars conducted by work comp as well.
.go save yourself from the zombies
I had tried to have coffee with one (having had a lengthy phone conversation in the summer listening to the work comp sad tale, unable to get in a word edgewise).  I was going to see about extending an invitation to the 12/6/14 Gala, and omg, all hell broke lose….I won’t be in touch with them anymore, jeeeze! It was like dealing with defense counsels or I & A agents. Learned Helplessness, Institutionalization and being a “Victim” is apparently a real consequence of ‘doing time’ in WorkComp in America.
There are many injured workers groups on social media, quietly fighting for their lives.  Some not even telling their friends and neighbors of the horrors of fighting for basic medical care and basic temporary disability benefits or “incapacitation” benefits.  There is no reason to put up with suspected agents of disinformation; we injured workers have our hands full dealing with defense counsels, insurance companies, their owned doctors etc. and work comp judiciaries etc.
Remember Remember Fukushima Nuclear Meltdown Workers
Remember Remember Fukushima Nuclear Meltdown Workers
[They even accused me of not having a brain injury at all…. and made me wonder who THEY worked for…..I didn’t even read half of their emails…D’oh…. Talk about mean-spiritedness!   If I didn’t have a brain injury, there is no way I would be in this mess, imho.]
 .bill casey quote
DePaolo’s blogs are excellent, but the ‘fraud factors’ seem real hard to grasp, from an insider perspective.  It’s crystal clear as a “victim of WorkComp”…. I haven’t counted how many doctors have applauded my big mouth and said, “Somebody’s got to do it” as they eliminate injured workers from their portfolios.
I changed my Orthopedic regular 45 day visit from December 5 so that I can be rested for the December 6th experience.  The doctor’s office was THRILLED to hear that I was nominated as a finalist for the CompLaude Awards.  She said, “Tell how how bad things are.  They need to hear someone.  Your case should have been gone a long time ago!”…. and she knows how hard they have fought to try to get me to a brain injury specialist.  They couldn’t even get me to a neurologist.  D’oh.
I thanked her and giggled and said, “I’m a finalist, but politically speaking, I don’t think they can dare to let me win.”….. But it is still an honor and opportunity, which I take seriously.
Here’s the response I sent to that private injured worker e-group, in response to their hope that Ralph Nader will save them.  D’oh.   [They called it self-serving, so, it’s sort of a no-win situation dealing with hammered, drugged and chemically poisoned Prisoners of WorkComp….whew ]  Anyhow,
If any of it strikes a chord and you want to share your thoughts informally to give it more structure, and more reach to your peeps, please send me an email or leave me a voice mail.  (and no, I won’t plaster your email all over the internet as I was morally required to do with the CNA question, “….Tell me, Linda, when ARE you going to die?”  
I think CNA bought Wyndham some more legal challenges with that one…. seems to violate some EEOC Civil Rights laws that the Courts seem to be holding employers liable for bad deeds of their vendors.  I”m investigating further.)  ;D
Work Comp  TBI Wyndham and YOU.JPG
Subject: Re: Nader

“We ARE the media now” …..working like Antz, telling our friends and neighbors about #WorkComp atrocities.

(If you forward my comments to your friends, please be respectful of others in the thread and copy and paste to a new email for their privacy)

Did any of you have a chance to see my piece in this blog and listen to the 3 minute audio of the dude from CNA insurance asking, among other things, “So, tell me Linda, when ARE you going to die?”. Yes, its recorded and all over social media.

See more here:

That conversation might be a civil suit for which my employer, WyndhamWorldwide, may be held culpable as well.

My whole story is in the blog, Ask About Workers Comp Gravy Trains. see the blogs and then see the Resource page and the list of posts page.

Each of you are welcomed and encouraged to follow these blogs for updates.

I reached out to one of you recently to meet for coffee and I got a polite “can’t”… It wasn’t a social call.

Are you kidding me??! If y’all can’t bother to explore new opportunities, you’ll die whining.

Somebody else in this group said my posts may be pretty but they are useless. Fine. Block me.

WE are the Media Now. Ain’t nobody gonna help us, so we need to find new strategies.

WorkComp activism can be quite like “anti-nuke” activism……heavily infiltrated and hell bent on keeping people running in square circles, diefying paid mouth-pieces.

Re-read the common wisdom of “the 25 rules of disinformation” and the 8 traits of disinformationists”

Let me know if you get any insights or can share them with your friends and lawyers.

Stay tuned. More coming up, including but not limited to a new website.

If you are interested, send me a 500-700 words general summary of your story….date of injury, extent of injuries, all diagnosis, treatment, complications, pay, ever return to work, on social security, represented now? How many attorneys, prospects for the future. Your age at injury, and age now?
Gender? Overall health today? Better or worse?

Working? What needs to happen for return to work, if an option.

We want at least ten stories to start with. Include employer name and insurer, if you care to. First rounds may be more general and nation and ANONYMOUS.

Write a conclusion to finish this statement:

“The worst thing is ________________________.””What helped me most was:____________________________________””What I want now is:_____________________________________.””The non-psychopaths of the WorkComp industry can best help me, and other injured workers like me, if they will _____________________________.”If I had an open mic and 2 minutes I would say _____________________________________ to (whom/what) ___________________”

Any groups you would recommend? Include their social media links: ________________________________________________

I usually use this hashtag in my posts:


If you are on social media, include those links too, if you choose to. If we are all following one another, any trolls will flloat to the top.

Google Circles

Favorite/most responsive sympathetic Journalist!? Provide email address and website:

Favorite industry blog(s): ______________________________________________________ (provide links)

If you want to participate, pleases send me your “story” so I can copy and paste by next Sunday.

Forward this to any of your pals, friends or enemies of injured worker, or direct them to the blog for a polished version soon, Ask About Workers Comp Gravy Trains

We are all in this together.

Have a Power-filled Day!

Best wishes,
Linda Ayres and Friends

 “Do Not Walk Quietly in this Open Air Auschwitz”
“Ask About Fukushima Now”
“Tell Your Friends and Neighbors; Your Governments Already Know”