THINK LOCALLY * ACT GLOBALLY
#OccupyVirtually –> It’s dangerous out there!
WE ARE THE MEDIA NOW
How? Have untrained staff, incapable of handling a work place injury, unable to offer medical support, transportation to an emergency room, or call 911. Ensure that staff do not know how to complete a DWC-1 form, know nothing about alleged MPN-Provider Networks, never send a get well card and never inquire over the years of denied medical care how the employee is doing; above all, never extend a get well wish, and threaten abled working staff to NEVER SPEAK TO AN INJURED WORKER, under any circumstances. Refer always to HR.
Then, hope for a newbie Adjuster who can “just follow orders” and rely upon EAP referred doctors for referrals to other specialists. Hope that adjuster seriously follows PLAY BOOK that apparently deems it necessary to terminate all benefits upon diagnosis of serious injury, including Brain Injury and commence acts of emotional, mental and financial terrorism.
Hope for a designated defense counsel that will go to any means necessary to “win the case” with plenty of Court time and other billable hours on matters related to legal chicanery and obfuscation of facts. When both are replaced after a few years, hope for seasoned, jaded professionals without hearts or souls. Higher on the food chain, the more intense the outcomes.
Count on AME/QME/IMR doctor reports written by non-medical staff, signed by industry leased/owned professionals for the big bucks, and know that legitimate doctors will also be cheated out of agreed upon fees and more.
Hope for a Risk Management team to successfully shift all risk and cost burdens to State and Federal agencies, without fear or caution. If necessary, hope for a fraud unit that will call injured workers and ask, “So tell me, ______, when ARE you going to die?”
Count on total violation of Civil Rights—-because WorkCompsters appear to be above the law, with no regard or respect for the Constitution of these United States of America and callous disregard for life and liberty.
LinkedInFor more than 117 years, CNA has built relationships with agents and brokers to meet the insurance needs of businesses of any size. Headquartered in Chicago
Hospitality 10,001+ employees
THE ABOVE ACTIONS WILL TAKE A TEAM PLAYING PRODUCTIVE HIGH-IQ EMPLOYEE FROM THIS:
DEFENSE AGAINST THE PSYCHOPATH https://www.youtube.com/watch?v=Gd6P1Ue2aGg
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.
Defense Against the#Psychopath (Full length) –
Defense Against the Psychopath By Stefan Verstappen Defense Against the Psychopath is a documentary Defense Against the Psychopath (Full length)
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….
Subject: LINDA AYRES VS. WYNDHAM WORLDWIDE ; Re: Hotel Vouchers, Mediation, Status and Updates
“…Timeshare….a fantastic industry to work in…..FACT!” UNLESS…………..
Thanks very much. The vouchers are a huge relief for me. I can make some tentative plans now, pending your further response.
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.
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”
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.
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.
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.
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.
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
WE ARE THE MEDIA NOW
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.
Regional HR Director – Southern California
Wyndham Vacation Ownership
7610 Hazard Center Drive
San Diego, CA 92108
Dear Wyndham Leave Support Center Staff:
As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015.
Remember, I have not worked since date of injury, 1/9/12, and medical care provided by the insurance carrier has been minimal indeed. Chiropractic and physical therapy and a few first year clinical psychology sessions, and a few more neuro-psychology evaluations do not meet MTUS, ACOEM or common sense guidelines. Self-procured treatments were interrupted with threats, and MPN designated Orthopedic Surgeon Primary Treating Doctor for a diagnosed brain injury was allegedly threated with termination of referrals to his multiple offices if he did not cease and desist attempts to secure medical care for me. A leading industry experts discusses this very practice as common place in California.
This may further sound alarms in my particular case, to add to various agency investigations. One doctor, in my case, apparently succumbed to the extortion type practices, although his office did try for nearly 2 years to help me get legitimate brain injury medical care. Another doctor “lost my file” and could not even write the self-procured report, and falsely alleged a visit that never happened months later, and refused to correct the records or refund the fees paid for the consult with his verbal recommendations for immediate (2013) admission to the Casa Colina Brain Injury Day Treatment Center. The doctor did, in 2012, do a short evaluation on behalf of the insurance carrier to prevent the revocation of my driver’s license at that time. EEGs were not done by the carrier until April 2014, and follow up with medical records was also not done, as recommended by the INDUSTRY appointed neurologist. Goodness. CNA seems to think treating brain injury with a few (limited) chiropractic, acupuncture and physical therapy sessions are all that is necessary. In reviewing the pages of CorVel denials, it seems that the only times doctor’s are not required to sign a report for a modified recommendation are for those modalities–chiropractic, acupuncture and PT. D’oh.
There were neuro-psychologist sessions for a while since April 2014 with an authorized exception to the alleged MPN. The diagnosis and testing facilitated a request for 3-6 months of interdisciplinary treatment and what was authorized was 16 sessions of speech therapy, occupational therapy, and physical therapy, and 8 more sessions were authorized on zealous appeal. The cost to CNA was approximately $50,000, not discounted due to interdisciplinary guidelines, not subject to heavy WorkComp discounts, much to the apparent surprise of the defense counsel during a sandbagging session and further delays that preceded treatment.
In April 2015 the authorized non-MPN provider resigned since nearly all recommendations for medically necessary treatment were egregiously denied, with false allegations made against the doctor as well, by the carrier continuous attempts to deny medical care.
My out of pocket expenses to survive the Wyndham WorkComp claims handling exceed $43,350.44 now, unreimbursed, and I lost professional credentials (CA Real Estate Broker’s License, California Notary License and Hawaii Real Estate Sales license) due to the injuries and failure at obtaining medical care.
My CA Real Estate Broker’s License has been reinstated and the CA Notary license is being reinstated. Self-procured medical providers were repeatedly threatened by defense, treatment interrupted, and none completed, from vision therapy, auditory therapies, MRI’s for the brain were self-procured, speech therapy was finally authorized in 2014 for merely 24 sessions, that would have been more beneficial in the first year, but some TBI (Traumatic Brain Injury Survivors) have up to five years of intensive speech and occupational therapies. I have lost nearly 4 years of earnings in an industy that tout’s newcomer’s can make six figure incomes and my current earning capacities are now a serious unknown factor. Return to work will clarify that, won’t it? Nobody at Big Bear or Indio knew about how to deal with a work place injury, so while the Admin Manager told gave me an incomplete DWC-1 Form and told me to “see any doctor that takes work comp insurance” and didn’t even offer a ride to the Emergency Room, so I drove down a snowy mountain WITH A HEAD INJURY…. It’s another Miracle that I survived that!
Employee Assistance stepped in and got me to some doctors, although defense lawyers repeatedly mis-state that injured worker was “properly served” info about an MPN. There were no treating neurologists, neuro-psychologists, clinical psychologists or others in the know about Brain Injury on the alleged list (that I didn’t receive a link to until JANUARY 2013!) AND JUST RECENTLY CNA CONFIRMED THEY STILL HAVE NO LOCAL TREATING NEUROLOGISTS OR NEURO-PSYCHOLOGISTS OR BRAIN INJURY EXPERTS.
I asked the EAP Clinical Psychologist, “What will I do if I don’t get my brain back?” He shrugged and said something to the effect of, ‘Well, if you don’t get it back, you can probably assemble widgets.’ Social media efforts while off work have been much like putting puzzles together and ASSEMBLING WIDGETS. I never aspired to be a WIDGET ASSEMBLER.
Here is a JAN.org list of accommodations for employers: http://askjan.org/media/BrainInjury.html Feel free to peruse the site further and we can explore as we commence the interactive process, hopefully this week.
I anticipate engagement in the FEHA required Interactive Process shortly, to explore and determine a timeline of necessary accommodations. In addition to previously submitted accommodation requests, which I will have to find, I will need to submit the finalized plan to my treating doctor and to the Coastline Acquired Brain Injury Program team as a “transition to work in Palm Springs sales office” plan for final approvals. Tina Jordan is fully aware of our need to meet as soon as possible. My next doctor’s appointment is Thursday, July 9, in Palm Springs and I could meet with Human Resources after noon on the same day.
Unknown variables include the dates of the next 2-week sales training classes, which will be factored in to a return to work transition plan from Coastline Acquired Brain Injury Program. When are the next two Indio Sales Training classes? What are the hours of work these days, and how are “breaks” handled when tour flow is heavy? I have been listening to the Steve Wilcox AFFIRMATIONS FOR SUCCESS (In-House and Front Line editions) along with the “AS A MAN THINKETH” presentation “With an Extra Track: Affirmations for Success” from July 2011. I AM MENTALLY PREPARING TO REJOIN THE SALES FORCE.
For example, if the training begins July 27, I will request authorization from Coastline to attend the full two weeks of training, knowing that it may be necessary to “repeat” the class at the following class. My processing capabilities are much slower than previously, but with hard work and repetition and systematic training, I may be able to succeed again. After completion of the 2-week training sessions, I am thinking that in order to complete the Coastline Acquired Brain Injury Program, a “work-schedule” could be reduced days at Coastline to “TWO” days … Mon/Tue or Wed/Thu. That would facilitate “THREE DAYS” return to work at the Palm Springs Office, on the busiest days, the weekends… Friday/Saturday/Sunday.
Real doctor appointments for medically necessary but denied for nearly 4 years will be made during non-working times whenever possible, and any WorkComp legal chicanery and further “evaluations” must be paid-time-off, with miles and lodging, if out of the area.
Quiet (low decibel) work area.
Work schedule to be determined based on actual start date, training (may need to take sales training class TWICE, TBD) while completing the Coastline Acquired Brain Injury Program via an approved “Transition Plan” to be submitted prior to doctor’s release so that informed decisions can be made by all parties.
Lumbar Support Chair
Ability to use memory devices for compensatory strategies (smart phones, livescribe smart pen, photos, notes, audio recordings etc. See ASKJAN.Org.
Designated go-to-person/manager for liaison on any TBI/Work/Accommodations/ADA compliance chain of command clearly described (In one conversation I was advised that a go-to/coach type person would have to be the sales manager, and it’s highly unlikely that any Wyndham Sales Manager is versed in Employment Law and ADA compliance to serve in that function, and would only exacerbate the issues. I would like a phone contact in New Jersey with someone like Patricia Lee to keep matters from escalating further. I will never forgive the callous disregard for my very life, but in timeshare sales, I have learned that we ‘leave our problems at the door” and it’s JUST BUSINESS. I don’t get all my brain power back, that’s a given; I do not intend to live in poverty any longer because of the epic fail of the slip and fall I experienced when I was just trying to help my manager find an open window so the Big Bear Team could get INTO the locked office in the middle of a snow storm. For being a team player, and putting the needs of others first, my life should be destroyed? I don’t think so.
Wyndham executives may need to speak directly with Norin Grancell, CEO of the law firm mis-handling my case since the beginning to ensure that the abuse stops immediately. This blog may be included in further evaluations by the insurance company leased/owned doctors, so they can have a better chronology of the abuses experienced and documented. In a discussion with one work comp expert, it was indicated that some of these people give “organized crime” a real bad reputation, and expose many of their minions to legal consequences.
Return to work, of course, requires a doctor’s release to work, which will be a possibility upon presentation of a viable plan in accordance with FEHA guidelines. Since Wyndham seems unaware of corporate responsibilities, and legal counsel provides inaccurate information (remember I attended a Public Career Night in December 2014, in hopes of learning more of how Wyndham has grown since I’ve been trying to recover, and the Project Director told me that Human Resources advised that he could not talk to me. Well, I still have an unresolved WorkComp Claim, how will that issue of communicating with me be resolved upon return to work? These are issues that must be clarified TO ALL PARTIES CONCERNED, wouldn’t you agree?
BRAIN INJURY HANDBOOK A Resource Guide for Employers may help in the creation of a return to work program. I have been diligent in collecting information that may help me successfully return to work. I would like a contact upon return to work to help make such a transition transparent and successful. Again, asking an untrained timeshare sales manager or human resources manager to fill that role does not seem reasonable.
Pro’s and Con’s and accommodations must be explored, in addition to those already submitted, so that we have a finalized plan that my team can approve and release me to. An assignment for my next doctor appointment includes writing a Pro/Con list for return to work, and while the doctor seems to hold significant reservations about my ABILITIES to return to work, he will consider the case for return to work that I will attempt to present this week. I wrote FOUR PAGES of PRO’S FOR RETURN TO WORK, and merely 3 statements for CON’S:
Those are weighty experiences and accusations, and my outrage is a legitimate response to the horrors of the Epic Fail. With the protection of Federal Laws, ADA, and FEHA, along with EEOC, I do believe that we can work together to transcend the life destroying legal-chicanery I have been subjected to, put WorkComp on the back burners, and let the proper authorities sort that out, while we move forward with a RETURN TO WORK PLAN.
At the top of the return to work at Wyndham list is not personal, it’s strictly business. The employability of the brain injured community is low, and continued employment of the brain injured community is even lower. One need only ponder the question, “What Hiring Department would knowingly hire an older worker with a brain injury and an open and public Workers Compensation claim?” Makes sense?
Other Pro’s listed on my ‘project for the doctor’ include (unedited)
If my injuries prevent success as a salesperson, as you know, I am willing to work with the Human Resources Top Executives in New Jersey to establish a position as Advocate for Injured Wyndham Workers, worldwide, and/or be of assistance with social media policies and procedures. When some key managers have LinkedIn profiles that show website links to their former employers, well, there’s another “quality control” issue, that directs candidates to competitors? Armed with two monitors, I could provide valuable input to assist Wyndham, imho.
A WorldMark by Wyndham owner recently advised that the Queen Mary is now part of the Wyndham portfolio. I had to laugh as it made me think of the Wyndham WorkComp policies, practices and providers, and how an Injured Wyndham Worker can be treated like a “Woman Overboard” as the life preserver (allegedly WorkComp) is ripped from her clutching fingers, falling into the sewer of WorkComp, with providers simply asking, “…when ARE you going to die?”
Despite the obstacles and hardships, I have worked very hard at Coastline Acquired Brain Injury Program since October 2014, and I am still gaining more and more compensatory strategies that may facilitate a successful return to work. As mentioned to Tina Jordan, Regional Human Resources Director, with the brain injury, my success as a timeshare sales executive might be like “The First 50 Dates” movie…. with a fresh title, “The First 50 TimeShare Presentations.”
While the movie is a Hollywood version of a brain injury, there are some insights to be found, and bear in mind, multiple lobes of my brain were involved, not just the temporary lobe as in the movie, in the initial and second impact traumas. Again, had treatment been immediate, reasonable and appropriate, my injuries would not likely be as severe and debilitating as they are. Muddling was never before a ‘life strategy’.
Here is an article that will explain more about brain filters and processing, as BRAIN INJURED WORKERS may relate to the sounds, sights, problems, demands of the timeshare sales room.
Since the WorkComp experience was an epic fail, let’s move past that, and let the proper authorities deal with CNA and Grancell and related complicit parties and move forward with Return To Work planning. Obviously, Wyndham has little-to-no experience in helping someone with an untreated brain injury return to work, so whether or not my return is successful, let’s work together to ensure that a return to work path is created for other Wyndham Workers who follow.
The interactive process required by ADA and FEHA must commence immediately so that we can work out the variables and so that I can obtain “trial return to work” authorizations from my treating doctor, and also approval from the treatment team at Coastline Acquired Brain Injury Program (both are self-procured since CNA willfully and callously and apparently by a web of fraudulent means, with complicit doctors, succeeded in failing to provide medical care, pay Temporary Disability Benefits in the first two years, and continues to refuse to pay estimated Permanent Disability, causing what the social security administration says is permanent and chronic injuries to my brain. Nobody believes I can return to work, but my current doctor instructed me to write the Pros and Cons of returning to Work at Wyndham, per the in place accommodation request.
While Human Resources has been unable to meet to engage in the interactive process (we did have a meet and greet last summer, but no progress was made). CNA did pay approximately $50,000 for 24 sessions of speech therapy, occupational therapy, physical therapy and an extensive auditory processing evaluation and driver safety evaluation in the Summer of 2014. That Interdisciplinary Treatment Program had been requested for 3-6 MONTHS, and 16 days were authorized, then extended 8 more days. Also included in the fees was assistance in the Interactive Process, where the SCRIPPS BRAIN INJURY DAY TREATMENT CENTER Occupational Therapist was to go to the job site with me, meet with HR, and explore necessary accommodations. Apparently, the Defense Firm, who seems to relish in lack of expertise of ADA/Return to Work/Employment Law, forbid HR to meet with me and qualified professionals. The early termination of the program by the Defense also muddled those return to work plans, as no doctor would release me to work without care.
Other professionals have indicated that had I received medically necessary treatment in the first year, it might have been possible to return to work in some capacity back in 2012. In a pattern of practice of omitting hundreds of pages of medical records with clear intent (and years of success now), the defense has implicated many doctors in their sham. Bear in mind, upon diagnosis of BRAIN INJURY, CNA immediately terminated Benefits and all treatment, and resorted to financial terrorism, bullying and worse. Nothing has changed, and now they include Judges in their chicanery.
After a very positive conversation with an agent of the FBI, it is clear to me that there is no agency that can help me personally in the horrors I have experienced at the hands of the Wyndham Worldwide WorkComp insurance carrier and their defense counsel. While California Labor Codes allegedly provide an Exclusive Remedy for injured workers that includes immediate, reasonable and appropriate medical care, with disability payments, all with an alleged aim to help injured workers recover and return to work as soon as possible, this was not and is not my experience. The evidence of my case may prove valuable in investigations of “similar” cases, and I have assured the FBI agent that my “arsenal of work comp records” is at their service. In the discussion, I mentioned that as an “OLDER WORKER” I fortunately had the fall back position last year to apply for “early retirement” so I did not join the increasing ranks of the homeless injured workers. It is my very strong belief that as an OLDER WORKER, I have an obligation to expose the crimes that I have been victimized by, and that millions of other Americans are being subjected to daily, in a Grand WorkComp Fraud.
While the Wyndham Worldwide Director of Risk Management, Michael Dougherty, has never once responded to my pleas for help since 2012, the congenial relationship between Wyndham’s Risk Management Department and Insurance Carrier Defense firm can be summed up in the public recommendation by the Defense firm below (It smacks of collusion to me, but they say since the brain injury and denials of medical care while doctors profit by writing false reports and attorneys profit by omitting medical evidence, that I am extremely “suspicious”…)
I have worked with Michael for quite a while now. Since the time I have worked with him, he has successfully moved his program from its prior claims administrator to its present Third Party Administrator. In addition, Wyndham has continued to expand its business which includes aquiring other companies. This requires the integration of the new businesses into his existing program. This has been accomplished in an admirable fashion.
Not many states can boast the complexity, frequency and severity of Workers Compensation like California. I think Michael’s grasp on the California system through its many iterations as well as his knowledge of Workers’ Compensation in other states has truly benefited his employer in his ability to strategize, collaborate and manage the entire program.
Michael’s ability to work with all partners in his program and draw on their skills especially in complex cases is key in management and expeditious claim resolution.
January 20, 2015, Stewart was with another company when working with Michael at Wyndham Worldwide
As the records indicate, had I received more than chiropractic and a few visits with a clinical psychologist in 2012 (interdisciplinary treatments WERE requested, but were denied by non-medical personnel) the possibilities for return to work existed. In October 2012, the primary treating doctor attempted to facilitate return to work, but again Wyndham refused to engage in interactive process and simply extended leave without pay or benefits. In August 2014, through the expenses and efforts of an interdisciplinary brain injury day-treatment program, efforts were made to engage in interactive process repeatedly by hospital staff, and Wyndham was apparently mis-directed by the defense firm to refuse to engage in interactive process. SCRIPPS has recently offered to resume the effort to facilitate the interactive process, with a minimum of 2 more weeks of the interdisciplinary Speech/Occupation/Physical Therapy Program (and approximately another $25k?) to do what they were not allowed to do to facilitate return to work last year.
Perhaps we can now work together to organize a viable return to work plan with increasing work days as the Coastline Acquired Brain Injury program reaches completion and the Desert high season begins. I have approximately 3″ of communications of attempts to organize return to work, all failed attempts included spread sheets of if this then that. Let’s plan on a working meet to put something in writing this coming week so that my treatment team can determine if indeed a TRIAL RETURN TO WORK IS POSSIBLE.
I would further suggest you advise defense counsel to put the case and chicanery on hold until we get through developing a return to work plan, with aim toward July 27, 2015, and identify all the necessary accommodations, scheduling, locations, and paperwork. Again, you can let Mr. Norin Grancell know that the injured worker intends to return to work despite the atrocities commited by his firm, BY ANY MEANS NECESSARY. He will understand and explain it to Stewart, we’re sure.
I truly do not know if I am CAPABLE of returning to work; at Coastline I have heard that some people with most severe brain injuries are amongst those say most adamanatly that they can return to work…when they can hardly speak, have zero working memory, and other major issues. Nobody has told me they think I am ready to return to work, but as I have always said, I AM INJURED, NOT STUPID. One Work Comp doctor in 2012 said, when I asked, “When will I know I am ready to return to work” and he said, ‘You’ll know you’re ready when you’re back at work.”
OK, let’s get to it.
Please let me know about a meeting the afternoon of July 9th in Palm Springs or Indio, and advise who I will be meeting with and if Wyndham Leave Support Management can participate by phone to document. This, with prior requests, seems to give you what you need to propose what can work for a return to work. I know I still struggle with being concise, and untreated vision processing with working-memory issues makes editing a challenge, so perhaps the best next step is for Wyndham Leave Support Services to send a proposal for return to work, subject to medical release and we can either finalize or fine tune from there. The professional help that was paid and every effort was made to get Wyndham HR to participate with the SCRIPPS INTERDISCIPLINARY TREATMENT TEAM to facilitate return to work was refused repeatedly by both Wyndham HR and it’s legal counsel.
I cannot reasonably be expected to do the work of a team of professionals who are allegedly well versed in such matters as return to work. So, I await response this week, and as I have said to HR repeatedly, let’s do what we can to avoid a FEHA complaint and get me back to work and earning capacities, with an aim to have me fully integrated into the work force by December, starting July 27, 2015.
Thank you. I look forward to return to working and to magnificent outcomes that help not only me, but other injured workers at Wyndham Worldwide, and everywhere. PS The Ramada people are tops! They reallly exude COUNT ON ME behavior!
Let’s get down to business.
Linda Ayres, In Pro Per
PO Box 835
Yucca Valley CA 92286
760 368 7236
cc: “Supplemental People” and The Working World At Large via Social Media
PS As I try to edit this and check for typos, I just keep adding more text and I have to prepare to drive to Coastline. I will send it shortly and hope to receive the proposal from the Wyndham Leave Support offices this week, in time for my Thursday morning doctor’s appointment. I will print and take this blog with me to that appointment, as the doctor is just now reviewing my medical history. Thanks a bunch. Hope to see you all July 27, 2015. Please advise if the training class starts sooner or later, and assign a “table” to me at the Palm Springs Sales Office….. “I’ll be back!” If Bobo is there, I want to sit by him, or by Rodney!
#WorkCompsters Dispute Location of Body Part known as BRAIN? D’oh
Want a peak into the world of a #WorkComp #Brain Injury Survivor?
Thanks #Wyndham, #Grancell, and #CNA, and all the #WCAB peeps and #CAAA lawyers who couldn’t/wouldn’t help me! @ProPublica
[New TBI Survivor asks if anyone ever has challenges getting groceries home after shopping diligently…]
Linda: Wait till you start using lists, and really focus on tasks at hand…then get everything on the list and leave a bag or two of paid groceries in the cart and wonder for hours where the stuff is that was checked off on the list…. unsure emoticon
Or when you splurge on some great hair products and can’t find them to save your life…. for months, then find them in a cupboard where they don’t belong… gasp emoticon …. Welcome to the World of Traumatic Brain Injury Survivors….!
Have you seen a Speech Therapist yet? Occupational Therapist?
They helped me see that I can easily do tasks with TWO – STEPS. That third step can really kick butt…. like making coffee: 1) put coffee in maker 2) turn pot on 3) wonder why coffee is spilling all over the counter; find pot in dishwasher; try again; 1) put fresh dry coffee in maker; put pot in maker 3) wonder why coffee isn’t done yet….. unsure emoticon
[ Another new TBI Survivor asks if anybody else sleeps all the time ]
LINDA: I slept most of the first year. COGNITIVE FATIGUE is a real butt kicker. Sometimes after a long drive to a doctor’s evaluation, I had to find a safe shopping center to park and rest. Sometimes I still have to find a safe place to nap while travelling here and there. I carry a blankie. unsure emoticon
One idiot neurologist actually wanted me to drive 100 miles each way to his office WITHOUT SLEEP and only HIS office with HIS technician for a ‘sleep deprived EEG’ that second month.
Wow, I told the lawyer I was injured not stupid, and requested a smarter neurologist. The response? Termination of benefits, and begin of the ‘kicking to the curb.’ ‘Curb kicking’ went into full motion, with other bullying and terrorism practices by ‘the Defense’ upon clear diagnosis of brain injury, and hasn’t stopped yet; ongoing since January 9, 2012. Yeah, in America! Ain’t that awful.
WorkCompsters apparently only treat brain injury in California with the ‘rest and wait and wait and wait and wait till you’re kicked to the curb, they hope you die’ program.
Wyndham has paid the big premiums for that sort of WorkComp Insurance Policy for it’s injured workers from CNA aka America’s Casualty insurance firm. It’s pretty similar in other states and nations. Same crowd of #WorkCompsters?
My friend and teacher, Michelle Wild, just recently released an Apple app for the brain injured population. It is called Manage My Fatigue. YOU could write a great article about Michelle Wild and her 25 plus years of work helping people with brain injuries develop compensatory strategies… She also has a website called making cognitive connections… I think the address is ID4theweb.com. There is a wealth of information there… Worth checking out.
My date of injury was January 9th 2012… Living without much working memory… is another butt kicker… as is the rule about ’embrace the new you’… Easier said than done. ☆♡◇☆♡◇☆ #InjuredWorkersUniting #SilentNoMore
ASK ABOUT WORKERS COMP GRAVY TRAINS NOW
ASK ABOUT WORKERS COMP GRAVY TRAINS – Most recent posts:
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Few studies discuss the true causes of the absolute failures of the Grand Bargain, known by injured workers as the Grand Work Comp Fraud.
As evidenced at Doctor’s Trials of Nuremberg, when doctors are criminals, there are grave social problems. When the criminal activities of doctors are supported and protected by criminal lawyers, the problems are compounded for all concerned.
Work comp insurance systems are a mega billion dollar crime syndicate, fleecing, maiming, torturing injured workers, causing permanent disabilities and premature deaths for injured workers and reaping extreme profits for the sonderkommando involved.
No, we don’t need more studies. All involved know the truths of the atrocities. But, if more studies are desired, begin to study how cops and firefighters are tortured and abused by the WorkCompsters when injured on the job.
Think harder and include the plight of injured veterans, being denied medically necessary treatments and “incapcitation pay” while self righteous and arrogant psychopaths allege the horror stories are exceptions rather than the rules of the work comp killing games.
When doctors and lawyers and judges and their ilk breach oaths of office… take heart in knowing there are others who take their Oath seriously,
…and will responsibly honor Oath before orders.
Start the 21st Century Doctors and Lawyers Trials in America and Canada and UK. Hold the multinational crime syndicate’s participants accountable for the extermination practices of Workers Compensation Grand Fraud. . . Prepare the gallows.
“WE ARE THE MEDIA NOW”
ASK ABOUT WORKERS COMP GRAVY TRAINS NOW.
“Follow the money. Always follow the money. “