Thank you for taking the time to nominate someone for a Comp Laude™ Award!
Please review the information you have provided:
Nominee type: person
First name: Michael
Last name: Grabell
Title: Investigative Reporter
Category: Medical Comp Laude
Years known: 1 year or less
As the apparent Lead Investigative Reporter for the team effort of the series on THE DEMOLITION OF WORKERS COMPENSATION, Michael Grabell has blasted open a Pandora’s box across the nation. His courage, fearlessness, team work and general chutzpah are unparalleled in his profession. The leadership qualities Michael has expressed will surely move his career forward, in many good way, also clearly leading by example so that other Investigative Reports can move forward with telling our friends and neighbors about the atrocities of Workers Compensation in America, so that they can in turn tell theirs. The government already know. Go Michael and Team!
The professional decorum and adherence to the ProPublica mission statement and Code of Ethics are evident in Michael’s communications and non-communications regarding this incendiary topic called “Workers Compensation”…. May he never need the protection of CPL — The Committee to Protect Journalists — for which Executive Chairman of ProPublica, Paul Steiger, received an award for his contributions. Could Michael be in line for some serious promotions and increased responsibilities? If he is ever in need of support, the entire Workers Compensation industry “owes him” big time, as do Injured Workers across America. To light such a spark of fire for discussions of such atrocities happening in America….IS A VERY BIG DEAL! BRAVO MICHAEL.
The direction of the series, THE DEMOLITION OF WORKERS COMPENSATION, is comprehensive and cognitive dissonance producing. The alliance with BEACON to facilitate more journalist to get involved, and divide the labor, is nothing short of Revolutionary. Bravo Michael and Bravo to each of your brave colleagues.
The call to the Injured Workers’ Communities to hear our stories is an act of compassion, quite foreign in the Workers Comp war zones. Thank you, Michael, for ‘humanizing’ the reporting of domestic torture and terrorism destroying America’s working class—- and writing in such a way that only those most vile of our nation can dispute the facts as presented, and more to come. #InjuredWorkersUniting #SilentNoMore — What a great mouthpiece for the hitherto VOICELESS IN AMERICA!
Why this nominee deserves a Comp Laude™ Award:
“Michael Grabell is deserving of a 2015 Comp Laude Award because he gives a damn about the lives of injured workers in America, and although he has not been asked to give up his life or liberty to investigate and report what too many in the industry already know about, but till now, have only spoken about behind closed doors, in whispers. Not only did he report on some pretty heinous activities across the nation, he didn’t stop there. The cooperative efforts with Howard Berkes of NPR, and the Beacon group for further and on-going investigative reporting may ultimately serve to create a mainstream #CommitteeOfBloggers. May his courage, and that of his colleagues, be duly recognized by the #CompLaude committees and Workers Compensation Industries for the courage, integrity, and patriotism they so eloquently display. In light of what William Casey, former CIA Director, allegedly said in 1981, “We’ll know our disinformation program is complete when everything the American public believes is false” it seems that the ProPublica/NPR teams have essentially and mightily joined together to shout and report about Workers Compensation atrocities committed against America’s working classes, with a hearty thought of solidarity along lines of “With all due respect, Sir, in your face! We still have the First Amendment.’ Semper Fi, y’all!
Final Appeal to CAAA For Assistance Fighting WorkCompsters – Concussion, TBI, PTSD, WCAB and WTF
Ladies and Gentlemen and Others of the WorkCompster Industries:
“Perseveration” is apparently a consequence of Concussion/Traumatic Brain Injury. This post got longer than anticipated, but if you’re in the industry, or know someone who is, or if you are an InjuredWorker, take 5 minutes and peruse it, then share it with someone, even with a subject line of “SMFH – WorkCompsters Exposed”
Years ago, I volunteered in a goodwill effort with and for Convicts in America’s Maximum Security Penitentiaries. It was called “PRISONERS UNANIMOUS — EMBRACING ALL PLANETARY PRISONERS” Maybe you heard of it?
Check FOIA, they probably have several CDs including my visits to penitentiaries across America, and my communications with a handful of government officials, goodwill organizers, friends and families of prisoners, and approximately 1,000 Convicts across America.
I think I was the second woman “in history” to “walk the ranges” at USP Marion Federal Penitentiary, back in the days when it was deemed ‘the worst of the worst” prisons, surpassed today by, so I hear, the likes of Pelican Bay. It was after allegations of a “full scale Nazi-type of retaliation attack” on the entire Convict population. I was corresponding with several of the Convicts listed in that dreadful “Public Report.” I sent copies everywhere, including Amnesty International in Vienna, where they allegedly WATCH for human violations in the Americas. Hmph.
The Guys and I established an “8 o’clock, local time” prayer network when they educated me about how deplorable America’s “Corrections” system is. Now, privatized prisons are a bigger part of the “PROFITS BEFORE LIVES” industries. Some of us still link up, no doubt.
The guys told me how bad things were, and said I was very brave. They said the prison systems in America are very dangerous, and that I had better think long and hard about touching it.
They told me, “Lady, you better know what you’re willing to die for, because you might well be asked to do so if you get involved in attempting to facilitate change.”
They further advised, “Lady, we Convicts are not the problems in your country. We are the end result of the problems in your country. If you want change, you have to go Washington. That’s where the problems are.” (There is something far more polite and respectful from a Convict calling a correspondent “Lady” than the pretentious “Ms. Ayres” used by defense and psychopaths, wouldn’t you agree?)
Those words reverberate in my head as if they were yesterday. I have never forgotten those haunting words. As a Survivor of WorkersCompensation today, I know ever more how true they are.
IT’S A GRAVY TRAIN!
#WorkCompsters have made that choice easier today. They have already taken my life.
Too often, Injured Workers make poor choices in efforts to retain competent legal counsel, much to the detriment of the Injured Worker.
This is often not discovered by injured workers until the 2nd, 3rd or 4th attempt to retain competent counsel.
Including THIS warning in every employee new hire packet, and every Human Resources orientation in California could save lives.
Till then, tell your friends and neighbors, and tell them to tell theirs. WorkComp Kills, without consequences to anybody but the Injured Workers and their loved ones.
Many Injured Workers have even sought the help of ACLU and NLG, to no avail.
We are, however, grateful for the organization, NAIDW.org, National Association of Injured and Disabled Workers, for the encouragement, resources and support they provide, and having been providing for many years. “No Injured Worker Left Behind” Semper Fi, Y’all!
We like a few of the industry bloggers who do their best to do their best for the highest good of all concerned. Cognitive Dissonance seems to be kicking some butt in that arena, wouldn’t you agree?
Bravo to ProPublica for being a catalyst for discussion and possible change. Bravo to WorkCompCentral for relentless efforts at education and inciting legitimate discussions about the need for national discussion and change.
Let’s get beyond “PROFITS BEFORE LIVES”…. let’s incarcerate a few psychopaths for maiming and killing injured workers, too, shall we?
It matters not if the killers are making $250K a year, or $10.7 million or more a year. With proper trials first, of course. FBI and DA and DOJ need to better orchestrate their efforts, ya think?
Crime is Crime, and CRIME SHOULD NOT PAY IN AMERICA.
For personal assistance in my own, but common, horrific case on non-stop abuse of a permanently disabled-by-untreated-brain-injury-and-various-acts-of-legal-chicanery-and-file-churning, older female worker, a local crisis center sent a Marine to help me last year. The Marine Social Worker, kind, fierce and very helpful.
MMI neuro-psychologist report recently received (and posted!) says my future medical needs include similar support, with probability of needs for assisted living and ‘memory care’ for my shortened life span, shortened due to WorkCompsters and corruption, involving many unclean hands. Hmph, Some “Grand Bargain, California!”
Legitimate doctors in 2012 made legitimate and conservative recommendations for medical care, denied. Had treatment not been denied by the defense counsel (not doctors, just defense lawyer and adjuster for 2012, till 2013 came along for the extreme profits of CorVel to obfuscate facts with intent to deny medical care.) return to work might have happened in 2012.
After threats from defense counsel, then PTP released me to work with accommodations, which were denied in October 2012. Things got worse from there, without medical care. I have been fighting to return to work for years, to no avail.
I have endured being penny-less, relying on The Salvation Army for utilities, filing for social welfare due to carrier arrogant practice of denials of payment of TTD, “because they could” (and they were rewarded handsomely by EDD for refusing to pay in 2012/2013 and for refusing to provided medical care. Now, SSA is involved in the charades and chicanery, and trying to sort it all out.
Is it a felony for carriers to provide SSA and EDD with false evidence of benefits paid with intent to deny SSA benefits? Seems to be part of a set of RICO violations, wouldn’t you think?
Yet evaluations upon evaluations upon evaluations have been performed by approximately 38 doctors (ca-ching, no care, just primarily report regurgitations written by non-medical staff, signed by doctors, paid the big bucks).
While we are at it, omission of medical records and obfuscation of facts seems facilitated by the silly “chronological” ordering of medical evidence, rather than by specialty, then by chronological order. Carrier in my case gets charged by most doctors 4-8 hours for “organizing the records”…. and maybe it’s not all the signing leased doctor’s fault their non-medical staff do things like change the date of injury to a year forward, then use first year medical evidence to falsely opine “pre-existing” symptoms. D’oh. Number of hours spent during an evaluation are often “inflated” and far worse, totally fabricated!
The majority of Lawyers don’t seem to care. They shrug say ‘their hands are tied” (and “their lips are sealed?!!!”) Others have told me “Too much fraud in your case, it’s over my head” and “Too many people didn’t do their jobs, there’s no money in it for me”….
One interviewed actually had the audacity to ask, after pages of questions had been answered, “One more question, tell me, why did you wait over 2.5 years for medical care for a brain injury?” D’OH! That didn’t even merit a final response, and that attorney came HIGHLY RECOMMENDED.
Here’s my story, again. Date of witnessed slip and fall backwards on ice, resulting in Concussion/Traumatic Brain injury 1/9/12 while working for Wyndham Worldwide.
The blogs. ASK ABOUT WORKERS COMP GRAVY TRAINS, began in the Summer of 2013, and continue as the only means available to fight for my life against the widely known corruption of the national WORKERS COMPENSATION SYSTEMS.
This quote is meaningless in California’s WorkComp corruption rackets, is it not?
What kind of system do YOU profit by that requires someone with a brain injury to represent herself because your colleagues (4 of them) could be found guilty of ABA Ethics Violations and Incompetent Representation?
Due to your accepted CA legislated fraud regulations, and your “2 attorney” superstitions, Injured Workers bear the brunt of the lack of expertise of your crowd/CAAA memberhips. This also allows Defense Firms to claim the title ENEMIES OF INJURED AMERICAN WORKERS.
How many injured workers retain and dismiss multiple attorneys, as the corruption is tolerated by those retained to protect injured workers? How many injured workers in California, and in America, must represent themselves due to the failure of the ABA crowds? Some have said that more than 15% of Injured Workers are InProPer…. probably as a last resort, not a first.
Why do your various profit centers/industries refuse to work with InProPer Injured Workers, and why do your industry leased/owned doctors seem so puzzled, baffled and perplexed by the legality of an Injured Worker self-representing? Why do the medical office staffs believe they can ONLY TAKE ORDERS from the Adjuster or Defense Firm?
IS THIS SIMPLY ANOTHER CASE OF “FOLLOW THE MONEY?”
When incompetent and worse attorneys can be allowed to be rewarded for causing harm to an injured worker, how can that be good for anybody?
If WorkComp Mill attorneys have a “case load of 300 clients”…with wishing and hoping that somebody drops dead for some ultimate pay-off for the attorney, how does that help an injured worker get medical care, benefits, return to work and settlement?
Why do employers condone such malicious unconscionable behavior of denials of medical care, benefits, and bullying and all sort of acts of terrorism, experiments, surgeries, poisoning and worse by insurance companies? What good can a WorkComp attorney do?
I even asked a WCAB Judge for permission, as stated is possible on the WCAB recommended reading, to retain an attorney to consult with, on an hourly basis.
Alas, not only did the Judge tell me he would not hear the F-words in his court room, (Felony Fraud with intent to deny medically necessary treatment), he sentenced me to fighting for my life with every ounce of courage and strength and stamina I can muster, fighting organized crimes that EVERY ONE OF YOU ARE FULLY AND COMPLICITY AWARE OF.
But wait, the Team of Four don’t have all the blame. Defense counsel says it’s all my fault. Hmph. He even suggested I consider a Court Appointed Conservator since I am having such difficulty maneuvering the WorkComp system, with denials of medical care, fraudulent reports, unresponsive law enforcement and more. The Carrier’s Fraud Department called, as most of you know, last Fall and made it very clear he did not care one iota that I had not received medically necessary and recommended care, and the conversation concluded when he said, “So, tell me Linda, when ARE you going to die?”
Some things I read on LinkedIn indicated the Employers are responsible for the bullying and terrorism of their vendors. Wyndham Worldwide was immediately apprised of the horrific bad faith and breach of fiduciary responsibility, and outright disgustingly mean thing to say. ( Intent of the caller? A “medicated worker” might have been compelled to irreversible action by such ‘poor customer service’, wouldn’t you agree? )
How many members of your CAAA organizations have been approached, recommended, took time to evaluate the merit and financial possibilities of helping THIS injured worker? You know my name now. I have spoken with many of you. Your declines to help have most always been cordial, except when they weren’t. Just so y’all know, A BRAIN INJURY IS NOT THE SAME AS A BROKEN FINGER, NOR IS THE TREATMENT THE SAME.
Watch the upcoming movie “Concussion” and then ask yourself and your partners how legitimate could it be for an insurance carrier to refuse to pay TTD, provide medical care, and embark on a mission of terrorism and destruction to an injured worker, coincidentally, UPON DIAGNOSIS OF BRAIN INJURY.
The Defense Firm treats me like they pretend to have I & A Officers and Judges in their pockets, as my ADA rights are consistently violated at WCAB-Riverside, and my Civil Rights.
Think about how many of YOUR clients have been sent to merely Orthopedic Surgeons or Chiropractors for TRAUMATIC BRAIN INJURY? See the current list of names all the 40 doctors I had been sent to, and all the CorVel and Maximus “physician advisors” and team members. In the olden days, they might have all been called, “Sonderkommando”…. Don’t get me wrong, there are a few good doctors in that list of 40, and they will be nominated in the upcoming CompLaude Awards. The others will be nominated to the naughty list for possible inclusion in the ProPublica national efforts.
MY EMPLOYER DOES NOT CARE. DOES YOURS? DO YOU?
I have many of your polite Non-Engagement Letters and I am weary of bothering with your ilk. You are as much a part of the WorkComp problems as are the criminal doctors and lawyers. Perhaps Sophie Scholl is kinder in her description of your ilk:
So, if you are willing to discuss courageous representation of THIS INJURED WORKER, Case ADJ818190, Linda Ayres Vs. Wyndham Worldwide et al, please let me know at your earliest convenience.
I can be reached at WorkCompLinda@gmail.com or phone 760 368 7236. If I don’t answer, please leave a message. “I AM INJURED, NOT STUPID!” I do have auditory and visual processing impairments (untreated, of course). I prefer electronic mail as an ADA accommodation (that defense continuously disregards, while apparently perjuring with proofs of service to cause significant delays and further harm).
The forensic psych AME suggested that if I have Human Rights Violations Complaints that I “take it to The Hague”….. Well, maybe that was only reasonable thing he had to say.
That’s a “Fukushima Rose”…. (3.11.11)
Read “The First Leaflet” then commence Blogging! America needs a fresh #CommitteeOfBloggers, wouldn’t you agree?
“Do Not Walk Quietly In This OPEN AIR AUSCHWITZ!”
“….Highest Recorded #Radioactive City in #America this week”
“A new and unfamiliar Leader this week in the race for the Most Radioactive Weather in America is Ft Wayne, Indiana with 1,326 CPM. Congratulations to Ft Wayne, IN as the Most Radioactive City in America this week.Other competing cities for the title were not even close…..” Your Radiation This Week No 20
“…You know, I would not be in this mess if it was not for Wyndham’s Workers Compensation schtick. Without it…”
Opinings by Injured Worker on how different the Outcome of the workplace injury may have been without WorkCompster interference. Legitimate medical care, swift and expert, could have made the difference between return to work in 2012, and permanent disabilities and looking at Assisted Living and Memory Care for the near future. WTF Wyndham, what’s wrong with you people?!
How many evaluations are required for how many years before an Injured Worker gets medical care for a Brain Injury and release for return to work? 4? 5? 10? 20? That sure is starting to sound like “never, we hope you die” plan, doesn’t it? 47 face to face evaluations, and approximately 20 CorVel employees and “Physician Advisors” on reams of regurgitation reports, written by what seems to be rapid-fire-copy-and-paste and make stuff up if not known, due to lost or omitted medical records.
Most all the doctors who have touched this case to date are listed, with the SSA exceptions. Their “clinical psychologist” suggest that although neuro-optometrists reported severe vision processing issues, that I could consider a new career as a “crossing guard” (Goodness, would you want your kids helped across busy streets by a disabled person with auditory and vision processing issues, untreated issues?! Kid hater, huh?) It’s shocking. The list will be sorted soon by CompLaude nominees and ProPublic investigations nominees, for what it’s worth.
How important is an ENT evaluation when neurologists, neuro-optometrists, physiatrists, orthopedic surgeons and chiropractors and neuropsychologists have have all made very extensive reports with very comprehensive treatment recommendations for nearly 4 years? File c-h-u-r-n-i-n-g…..? It is a felony?
How about when it includes deceptions and false statements and omission of medical records with intent to deny medical care? Golly, it’s too much, and recent correspondence from defense seems to suggest they have “Judges in their Pockets”…. Bummer.
Hi Tina, [Wyndham Worldwide representative] Thanks. I’ll look forward to hearing from you early next week.
My patience is real thin these days, as so much more harm has been caused to me in the continuous pattern and practice of delay/deny/deceive in hopes that I die. 3D is what NFL families call such treatment. I’m not sure what CNA calls it, “Business as Usual” or just “Profits Before Lives By Any Means Necessary”?
Stewart and Fred don’t respond either.
I was recapping my story to someone today and said out loud, “You know, I would not be in this mess if it was not for Wyndham’s Workers Compensation schtick. Without it, I would have been able to see legitimate doctors, get legitimate evaluations, legitimate AND IMMEDIATE MEDICAL CARE, and the probability that I could have returned to work in 2012 was high. One doctor, Ponton, as you may recall, tried to release me to work in October 2012, despite his failure to secure medical care and expert evaluations.
I remember the first neuro-pscyhologist said that with speech therapy with cognitive remediation, I’d probably return to work in a few months. That was February 2012.
Instead of legitimate care, I have had to fight for my life, spend a small fortune on getting basic medical care for survival, and find the most vile legal chicanery I’ve never seen before in my life.
Now I get to think about “assisted living” and “future medical” and “dementia” and “epilepsy” since I didn’t get anything close to what legal guidelines for medical care for a clearly diagnosed head injury merits, and I’ve been bullied and badgered and threatened and abused by the “defense” and their leased/owned doctors who seem to lie on demand for the big bucks, and zero help from the insurance carrier. Even the CNA mis-statements of benefits to multiple agencies continues to cause me harm.
I spoke to Coastline Acquired Brain Injury Program today, as today was the “drop out deadline”…. I cried a lot because I told them how excited I was that Sunday, 8/23/15, to be returning, then I got your email pretending like you never got the message that since I hadn’t heard from anyone, August RTW was out, and we were back on 12/14/15 schedule. Then, because of more chicanery, and now the ENT evaluation court gig is pushed to October….. and ….. well, as you can see, if I had legitimate insurance coverage, I would have even had legitimate EEGs, MRIs, speech and occupational therapy, vision therapy and more… all in 2012, and back at work. Wyndham employees –as you well know, have terrific benefits.
Coastline assured me I am welcome back any time, and we set a tentative goal of October 19th, so that I will have only missed a few weeks. By then, the CNA/SSA/EDD skewed mess of who paid what may be sorted and I can resume what little hopeful strategies are next. Since another two weeks have gone by that you couldn’t repond, and it looks like anther week or more for anything tangible to be addressed….I’ll aim again for return to Coastline 10/19 and return to work 12/14/15. I am not sure if your communication response times meets guidelines of reasonable, but I see there is nothing I can do about that either.
My life has been destroyed because I tried to help my co-workers get in to the office when we were locked out during a snow storm? Nearly 4 years of my life gone…. and the future looking quite grim.
I hope, Tina, you have learned something from the harm that has been caused to me. The FBI agent asked, out loud, how can they sleep at night. as I told some of the horrors I have experienced at the hands of the Wyndham Worldwide mockery of a work comp program. I just told the agent, “Well, psychopaths have no trouble sleeping. No compassion, no empathy, and they simply pretend to be human.”
Another holiday weekend coming up for all complicit in harming me….. and I have yet another empty weekend in limbo, wondering what’s next.
I am doing all I can to encourage other Injured Workers in America to share their stories with the good peeps at ProPublica… you might have seen that new blog….. maybe you’ll find time to read it this holiday weekend:
Thanks for your response. Talk soon. I don’t know why you can’t just tell me when the next sales training classes are, so at least I could have a bit of hope about something.
Linda Ayres, In Pro Per
Will someone from some Law Enforcement Agencies kindly review this complaint, and send it to the DIR et al for further investigation? DOJ probably needs a copy for ongoing RICO violations? Don’t be scared of the insurance industry thugs…. they seem to be mostly cowards and psychopaths, who take delight in harming injured workers. They would never last in a penitentiary.
What kind of Department would demand that someone with a Brain Injury represent self after failures to retain competent legal counsel that understand that there IS A DIFFERENCE BETWEEN A BROKEN FINGER AND A TRAUMATIC BRAIN INJURY? What kind of society would allow such of abuse, for the profits of the few.
Here is a quote we thought you might find interesting. “Every worker in California is protected by state laws governing the right to be paid correctly, be safe at work and receive benefits if they are injured on the job,” – Christine Baker https://www.dir.ca.gov/DIRNews/2014/2014-75.pdf
Super Lawyers in California say this case is not unusual, AT ALL. MY MY MY. Hardly seems legitimate, does it? Be sure to read the letter to Human Resources below, that explains how if there was WORKERS COMPENSATION maze and hoops to jump through, legitimate medical care may have resulted in return to work within months, not the ongoing charade of file churing that has been continuous for nearly 4 years. With legitimate health insurance, the process would have been simplied to: 1) see a doctor 2) see specialists as recommended 3) get treatment 4) return to work.
Current status is yet another delay, with ADA violations and Civil rights violations for a Court Hearing on a Petition for an Order to Compel yet another evaluation, this time by an ENT doctor. Note, Injured Worker objects to yet another evaluation, with more than 200 pages of medical records omitted with apparent intent to continue to deny medical care, inaccurate placement of medical records create a false impression of an EEG with clearly diagnosed brain injury as of “2010” and…..misleading statements by defense firm to continue the misleading statements and false allegations perpetrated by the Defense and supported by certain AME/QME doctors and the Information and Assistance Officer.
False/incorrect statements of disability benefits have apparently provided by the carrier to agencies such as EDD and SSA. EDD rewarded the carrier with a bonus of nearly $20,000 for cost shifting and for refusing to pay TTD and for refusing repeatedly to provide medical care. Penalties for failures to pay in accordance with the law have not been received, and the WCAB – Audit unit has a swath of complaints against all parties, as Injured Worker has had to pay more than $43,000 for medical miles, medical evaluation (including MRI and EEG) and medical TREATMENT.
Take a look at the list of doctors. Can you tell which have been naughty, and which have been nice, and which will likely rely heavily on the 5th Amendment of the Constitution of these United States of America. The “officials list” of possibly complicit parties is also available to ‘proper authorities’.
ADJ8181903 – Witnessed slip and fall backwards on ice in Big Bear California, January 9, 2012 – Brain Injury
WorkComp Authorized Treatments, with Primary Treating Physician with a Specialty in Orthopedic Surgery:
By 3/2015, the good doctor’s office said, ‘Obviously, it has to be very clear to you that they are not going provide you with any medical care whatsoever. You have seen how they have refused to authorize any specialists, specialty care or evaluations. We had to change the right shoulder injury, well documented in 2012 and MRI confirmed in 2013, to non-industrial or they have threatened to remove our offices from their referral lists. It’s not personal, it’s just business, and we have to release you now…. go find a brain doctor, we can’t help you. That’s work comp.’
2012 – chiropractic, some clinical psychology sessions
2013 – physical therapy, acupuncture
2014 – neuro-psychology support, and 24 x speech therapy, occupational therapy, more physical therapy, more chiropractic
2015 – still waiting
See more details here: MEDICAL INDEX OF DOCTORS SEEN IN PERSON….using how many ICD-9 Codes? Use the blog search key for more.
EVALUATIONS ARE NOT TREATMENTS
Dr. Jaime Whitlock – DC
Dr. Jay SanVictores – MD, GP – Urgent Care
Dr. Daniel DeGoede – Clinical Psychologist
Dr. Esmail Sebti – Neurologist
Dr. Gurvinder Sunny Uppal – MD, Orthopedic Surgeon
Dr. John Lambros – MD, ER
Dr. Christopher Hancock – MD, Radiology
Dr. Eileen Kang – NeuroPsychologist
Dr. Stephen Waldman, MD, Neurologist
Dr. Lynda Wells – PhD, EEG NeuroFeedback Practitioner
Diana Wallace, Acupuncturist
Dr. Marcel Ponton – Clinical Psychologist, Neuropsychologist
Dr. Gunn, Neuropsychologist
Dr. Khalid Ahmed – MD, Orthopedic Surgeon
Dr. Hoang – Optometrist
Dr. Nguyen – Optometrist
Dr. David Patterson – MD, Physiatrist
Dr. Tyson Chung – Clinical Psychologist
Dr. Gilbert Jaudy, DC – FACFN, FABVR, CCST, Functional Neurology
Dr. Jacob Rabinovich, MD – Orthopedic Surgeon
Dr. Bijan Zardouz, MD – Neurologist – QME
Dr. James O’Brien, MD – Forensic Psychiatrist, AME
Julie Simmons- MA, PSY.D
Dr. Darren Bergey – MD, Orthopedic Surgeon
James Lanier, PA
Crystal Crites, PT, MPT
Jennifer Diemart, MA, CCC-LSLP
Dr. Eric Ikeda – Neuro Optometrist
Debra Outlette, MS, OTR/L
Don Risser, Acupuncturist
Dr. Ronald Kent – MD, Neurologist, QME
Dr. Lynn Lowell, OD, FAAO, FCOVD
Dr. Seymour M. Young, MD – Neurologist
Dr. Hilda Chalgujian, Neuropsychologist
Dr. Michael Lobatz – MD, Neurologist
Jessica Martinez, OTR/L, HTC, PAM
Kelly Owen, MA, CCC-SLP
Margaret Fuller, MA, OTR/L
Rebecca Askew, MPT
Suzanne Carr, DPT
Catherine Fabian, AuD
Julie O. Johns, AuD, CCC-A
Dr. Jeffrey Holmes – MD, Orthopedic Surgeon
Dr. James Pasino – Neuropsychologist
Dr. Jay Jurkowitz – MD, Neurologist
Hoag Memorial – ER
Dr. Christian Reichart, DC
CORVEL TEAM SINCE 2013, 3D Practices — They even harm Cops, right Mayor Betsy? Did the Unions get to the bottom of the bad behavior by Corvel out in Ft. Worth yet? You should see how Injured Cops and Firefighters are treated in California. Shameful, indeed! Reams of Denials via CorVel for ADJ8181903! (Chronoloical Order, 2013 to present….notice a pattern of expertise of denying parties?) CorVel reports tend to be convoluted regurgitations of disorganized and incomplete medical records, violations of HIPPA rights, and inappropriate reviewers for types of injuries. Readers may opine that the submitting RNs wrote the reports, poorly and incoherently, for the most part. (Regurgitated and Obfuscated Reports are an apparent pattern and practice of CorVel teams)
Grace Napoles, RN – Utilization Management Department
Keith Louwenaar, MD – American Board of Orthopaedic Surgery, CorVel “Physician Advisor”
Joanne Palladino, RN, MSN, CNS – Utilization Management Department
Lailannie B. Matthews, RN, BSN – Utilization Management Department
H. Leon Brooks, MD, American Board of Orthopaedic Surgery
Sloane R. Blair, MD – American Board of Orthopaedic Surgery
Melinda Rubel, RN – Utilization Management Department
Maureen E. Mackey, MD – American Board of Physical Medicine and Rehabilitation
Lexi-Welanetz-Bursin, Psy.D., CA – Clinical Psychologist
Jean Caldwell, RN BS CCSM JC
Kenneth L. Nudleman, MD – American Board of Psychiatry and Neurology
Harish Porecha, MD
Jennifer Tayag-Castillo, RN, BSN – Utilization Management Department
Elena Vega, Supervisor, Utilization Management Department
Jeannie Romero, RN – Utilization Management Department
Lorne S. Label, MD – American Board of Psychiatry and Neurology
MAXIMUS FEDERAL SERVICES, INC.
Dr. Paul Manchester, MD, MPH – Medical Director, Specialty, Neurological Surgery
Sent: Fri, Sep 4, 2015 3:20 pm Subject: Recent communication
I am in receipt of your emails and am reviewing the information. I will get back to you as soon as I can next week. Thank you for your patience, we will talk soon.
Wyndham Vacation Ownership
Regional HR Director – Southern California
EVALUATIONS AND MORE EVALUATIONS…… HOW MANY UNCLEAN HAND? HOW MANY FELONY COUNTS IF THERE WAS EVER AN INVESTIGATION?
In the observed slip and fall backwards on ice by Wyndham Worldwide Vacation Ownership Sales Executive Linda Ayres on 1/9/12, the following people have been involved in the case, evaluations and determinations of care for a well diagnosed concussion/traumatic brain injury/closed head injury/ptsd and more. Summary statements in this blog: Surviving Work Comp — Just Do It!
How Does an Injured Wyndham Worker Return to Work?
WorkComp Epic Fail! WCAB, DOI, CAAA won’t help; FBI can’t help…so…Social Security makes legit medical care possible now – How do other companies facilitate return to work for injured workers? Let’s ask on Social Media, shall we?
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 $43,350.44now, 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.
So, how do we move forward for return to work or about July 27, 2015? By copy to the Industry and Workers At Large, let’s ask for greater input, since Wyndham apparently does not have a RTW program? ASKJAN.ORG is the Job Accommodations Network which may help HR Staff comply with the laws. Here is the link for a search of their database on brain injury accommodations. Remember, CNA originally accepted the claim, as the records note, as a CONTUSION. JAN defines Contusion: “A contusion is bruising or bleeding of the brain (Brain Injury Association of America, 2006a; TBI Recovery Center, 2006).” Nice, they knewor suspected my injury was that bad, and upon diagnosis, terminated all benefits and hoped I died.
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:
The abuse I have experienced at their hands is criminal.
The risk of further abuse and further attempts at financial harm is possible and probable.
Their actions have been incompetent and in bad faith repeatedly, and without integrity, to the top of the heap.
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)
It’s a job I already have
Risk of (further) job discrimination due to age, disabilities, gender, work comp is minimized by the existing work comp case (and protected against by ADA law)
There is slow/down time that will enable me to “perfect my craft” as the company has grown dramatically in the 3.5 years since my injury (and lost wages and earning capacity) — so I will have time to get up to speed in time for the Winter High Season.
Necessary accommodations, including a proper back support chair and a quiet (low noise decibels) environment are more likely at Wyndham that at a competitor, because the patterns of continuous harm have already been well documented, and now is a chance for Wyndham to right the wrongs and create a safe, positive and non-adversarial, bullying and discrimination free, non-hostile environment for my right to return to work.
Palm Springs is approximately 35 miles away, straight down the hill.
My Medicare provided doctors and interdisciplinary treatment team is now beingbuilt in Palm Springs, and the Palm Springs Wyndham Sales Office seems to be most conducive to any hope for a successful return to work that:
Allows opportunity to restore income and possibly compensate for nearly 4 years of lost income and earning capacity and professional licenses;
If successful, great; if not, it must be considered in ultimate case settlement;
I can either relaunch my sales career from Palm Springs, or springboard to new realms
On-Going Fraud Investigations – they will either right their wrongs or commit further documentable crimes
“Screw me once, shame on them; screw me again, shame on me.”
HR and RISK MANAGEMENT staff is untrained and consistently violates Labor Codes; I could be an asset in clean up, nationally.
RTW gives me time and opportunity to update/revise/clean up social media sites and records to return to more positive professional, and update my resume to reflect the changes in personality and abilities due to the Brain Injury and legal and medical mishaps.
A new position could be created to utilize my experiences for the benefit of many working people, worldwide. Not many Injured Workers have the ability, wherewithall or voice to expose the atrocities of America’s Work Comp system, of which this case is just one of millions.
Structure is critical to a TBI Survivor — Functioning capacity is currently at 3-4 hours and increasing.
If necessary, I can rent a guest room to “reboot” at the resort in the events of long days of successful selling, in order to minimize “Cognitive Fatigue” and ‘crash and burn’ from cognitive fatigue.
It’s totally a financial strategy — it’s a job I ALREADY HAVE.
Hours can be light – 8:30 to 1-ish or 3-ish.
45-90 minute spurts with guests, with “scripted” (re-learnable) sales presentation.
Repetitive stories, like my work-comp injury tales, have been repeated so often the telling is often without halting, dysfluent speech; therefore, it stands to reason that with practice of the sales presentation, and possibly become a Group Presenter, it would be win/win/win.
Palm Springs office is “hybrid” – owners and non-owners with 45/90 minute presentations.
Palm Springs, like Big Bear (where I was sent to assist during extreme management and sales turnover in January 2011, and where I was sales person of the month many times) is a smaller office, so, theoretically, there is more opportunity to earn (more opportunities for tours divided by fewer sales reps)
Small shops – can close my own deals.
Have California Real Estate Broker’s license (lapsed due to injury; reinstated) and Notary License (lapsed due to injury; reinstating) but Hawaii Real Estate Sales license was lost due to injury, no hope for reinstatement. If attempts at sales fail, perhaps a salaried + bonus “contracts person/VLO position can be accommodated in Palm Springs.
Wyndham is the largest hospitality company in the world.
Great benefits (unless hurt on the job) and benefits resume practically immediately – health, vision, dental, matching 401(k), discounts [on-going medical care includes continuation at Coastline ABI program, Cognitive therapies, RTW counselling and coaching, Acupuncture (weekly), Neurology (further exams denied by carrier for nearly 4 years), Chiropractic, Vestibular Disorder (balance), Auditory Processing, Vision Processing, and medically necessary devices to compensate.
Base pay is a “draw” against commissions and would not count against Social Security “trial return to work” guidelines if income does not exceed $___. (I forgot how much that is, less than $1,000 a month I think they said.)
Tuition reimbursement (could complete a degree program and or a Certificate Program in Sales/Social Media)
It’s a job I already have, already paid dues in full, and since the injury and permanency of the injuries was caused by Wyndham, seems only right that my working career resumes there, and we’ll see it goes from there.
Always better to leave a place on a successful high note than bleeding from a conk on the noggin;
Quitters never win and WINNERS NEVER QUIT.
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’.
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”…)
Shareholder/branch manager at Grancell, Lebovitz, stander Reubens & Thomas
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!
How Does an Injured Wyndham Worker Return to Work? BY ANY MEANS NECESSARY!
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!
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.
#WorkComp legal chicanery comparable to ‘a strip search in a fascist gulag?’ Hint: Totalitarianism
#GrandWorkCompFraud! No Exclusive Remedies! No Remedies at All. Pure Chicanery.
MARCH IS #BRAIN INJURY AWARENESS MONTH…. What did YOU learn this month, so far?
If it’s a work injury, prepare for the fight for your life, and hope somebody will help you. Upon diagnosis of brain injury, it seems to be an insurance industry trend to immediately terminate benefits and begin a covert theme of terrorism—medical, mental, financial…. and they reap thousands of dollars in profits for their crime gangs. Can the DOJ really just continue to look the other way? America! America! We are witnessing the collapse of an Empire…. couldn’t be more timely, huh?
MARCH IS ALSO #FUKUSHIMA ELE AWARENESS MONTH…. What you don’t know, will indeed kill you. Start with the Science, 1,946 known lethal isotopes. Wishing all the #WorkCompsters very interesting outdoor living.
DEFENSE ATTORNEY JUST DOING HIS JOB/JUST FOLLOWING ORDERS?
“The more I think about this legal chicanery… and the defense’s new demand for access to 25 years of medical Records, when they have ignored medical evaluations, recommendations and requests for treatment for the past 3 plus years, it sort of feels like a quote strip search unquote in a fascist gulag.”
Remember when the Insurance Carrier’s rep called from Chicago and the phone conversation about denied medical care concluded abruptly with his question, “….so, tell me, Linda, when ARE you going to die?” Bullying? Harrassment? Threat?
Totalitarianism is a political system in which the state holds total authority over the society and seeks to control all aspects of public and private life wherever possible.
IS PRIVACY DEAD? Did she reallly compare #WorkComp legal chicanery to ‘a strip search in a facist gulag?’
Remember remember….. All Nuclear Reactors Leak all of the Time…. and #Fukushima is NOT a Leak either….
All this for an untreated observed slip and fall backwards on ice at Wyndham Worldwide WorldMark Resort in Big Bear, California at approximately 8 am on January 9, 2012. Wyndham had absolutely no WorkComp policies and procedures in place, did not call 911, did not offer a ride to a hospital, in fact, insisted that work shift be completed, and then was told to “see any doctor that takes work comp insurance” and proceed to drive down a snowy icy mountain road.
CAN YOU SAY CORPORATE IRRESPONSIBLITY? AND THE CASE IS RIDDLED WITH MIS-STATEMENTS WITH INTENT TO DENY MEDICAL CARE, FROM FALSE ALLEGATIONS THAT NOTICE OF AN ALLEGED MPN WAS PROPERLY SERVED, TO EGREGIOUS AND TERRORISTIC FAILURES TO PAY DISABLITY BENFITS, DESPITES ORDERS FROM THE COURT. NOW THEY WANT TO LOOK BACK 25 YEARS AND SEE IF I CONKED MY HEAD? A JURY SAID THERE WERE NO INJURIES IN THAT DISCLOSED ACCIDENT…. HARD TO FIND COMPETENT ATTORNEYS IN CALIFORNIA, HUH? CHURN, BABY, CHURN.