RTW? HERE I COME! Wyndham acquires the Queen Mary? WorkComp Policy is still like the Titanic!

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?

OUR WYNDHAM WORLDWIDE BRANDS?

OPEN LETTER TO WYNDHAM LEAVE SUPPORT CENTER

….with copies to “Supplemental People”

OccupyVirtuall!  99%
OccupyVirtually! 99%

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.

Is THAT form letter from CNA, or is this an industry standard?
Is THAT form letter from CNA, or is this an industry standard?

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.

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.

LINKED IN RANKING   7 5 2015  942 AM PDT

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.

THE BRAIN INJURY HANDBOOK

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:

  1. The abuse I have experienced at their hands is criminal.
  2. The risk of further abuse and further attempts at financial harm is possible and probable.
  3. 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.

do it

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?”

people nowadays  cameras

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’.

50 first dates  (temporal lobe)

https://www.youtube.com/watch?v=WBLMZXMgCf4

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.

SENSORY OVERSTIMULATION

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.

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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.

Webinar Ninja  Draft one  SURVIVING WORK COMP

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.

Sincerely,

Linda Ayres, In Pro Per

ADJ 8181903

CNA E3269102WE

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!

Hello America! CAN WE TALK??!!! TBI, WorkComp, Wyndham, CNA, Grancell, EDD, CA, DOL, USA ETC and Complete Systems Fail…..

Dear All:

As promised:

  1.  Here is the link to the Coastline Cognitive Retraining Program…. know about it and read what any attorney says about it.  http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/abi-student-blog/#anchor
  1.  If SCRIPPS BRAIN REHABILITION PROGRAM in Encinitas appeal is authorized by the end of the week, let’s commence FEHA Interactive Process immediately and throughout whatever time is authorized, so that I can commence the Coastline program starting October 20, 2014, if I am accepted into the program.  Remember, my doctors requested 3-6 months, 16 DAYS were authorized with an 8 day extension…..MORE THAN 2.5 YEARS AFTER THE HEAD INJURY.

Even a 7th grade kid know that’s a problem, and it isn’t right.  Date of injury: 1/9/12… a witnessed slip and fall backwards on ice at WorldMark By Wyndham – Big Bear.  Orthopedic Surgeon designated as primary treating doctor, with repeated requests for medical treatment, consistently and maliciously denied since date of injury.  Wyndham has provided no proper training in Human Resources, or at on site locations, putting thousands and thousands of employees at great risk also.

  1.  Attached is the excel spread sheet of what if/so then scenarios regarding medical limitations and ADA accommodations to be requested after sorted out at FEHA interactive process

For those of you unfamiliar with FEHA regulations in helping an injured worker in California return to work, here’s a powerful link….for your info and files

FEHA Red Flags: Common Employer Violations of California’s Disability Discrimination Laws

Written by: Neil Pedersen   

http://www.pedersenlaw.com/article.php?article=FEHA+Red+Flags%3A++Common+Employer+Violations+of+California%92s+Disability+Discrimination+Laws

social networking1399166808228mainstream media based on facts

Please do forward immediately the job descriptions previously requested so that the medical professionals can make informed recommendations on medical restrictions and possible accommodation requests on the possible return to work.

NEED JOB DESCRIPTIONS AND TO START FEHA INTERACTIVE PROCESS IMMEDIATELY:  Sales Representative, Discovery Representative, QA/VLO, Resort Guide, Housekeeper, Office Worker, Front Desk, Recreation Coordinator or Injured Worker Advocate and FEHA Compliance Coordinator…. and any other positions that a an American With Disabilities due to failure by Wyndham to provide medically necessary treatment for more than 2 years…might qualify for.   Thanks.

Here’s another great source of info on Workers Comp… DePaolo’s WorkComp Blog….subscribe…learn something new tomorrow:

http://daviddepaolo.blogspot.com/

WorkCompCentral Comp Loud Awards

David’s company is on mission to find people to acknowledge who have done anything right in WorkComp, since doctors leaving in droves, and there is no ‘new blood’ coming to the industry…. THINK HARD….DO YOU KNOW ANYBODY WHO HAS MADE A POSITIVE IMPACT IN THE LIFE OF AN INJURED WORKER, OR WHOSE PRACTICES HAVE SENT THEIR COMPANY PROFITS THROUGH THE ROOF??

Nominations due shortly:  https://ww3.workcompcentral.com/events/awards    Make a difference in someone’s life today!

  1. Wyndham Women on The Way – http://www.womenontheirway.com/news-releases/advisory-board-launched/   In the event the system failures regarding medically necessary treatment for an injured Wyndham Woman prevail, does this organization have a fund raising department to help an Injured Wyndham Worker, denied medical care since date of injuries, subjected to financial, emotional, medical and mental terrorism since date of Injury, January 9, 2012……..with no compassion, interest, nor intervention by anybody in Corporate Wyndham?

LET’S DO A FUND RAISER AND HELP ME GET TO THE COASTLINE COGNITIVE REHABILITATION PROGRAM, AND SINCE I LOST ALL MY PROFESSIONAL CREDENTIALS, AND WYNDHAM HR THINKS THE ONLY POSSIBLE RETURN TO WORK POSITION MIGHT BE THAT OF A HOUSEKEEPER, IF THE ORTHOPEDIC SURGEON HANDLING THE TREATMENT REQUESTS FOR THE BRAIN INJURIES CAN APPROVE ME TO RETURN TO WORK ON ‘LIGHT DUTY’ AS A HOUSEKEEPER, SO BE IT.   LET’S NOT THESE HORRORS HAPPEN TO ANOTHER INJURED WYNDHAM WORKER.

Could Women on the Way, with others, take up an immediate charitable collection to send me to the Coastline Brain Help Place in Newport Beach??  To:

‘….Help a po’ ol’ brain injured disabled baby-boomer single white woman, former timeshare sales executive and California Real Estate Broker and Hawaii Sales Agent and CA Notary Public stuck in the #WorkComp #WebOfDeath in California find her cognitive abilities again cuz the meanie heads at Wyndham and their ‘agents’ won’t help and have kicked her to the curb, and they just keep kickin.

Professional credentials lost and sanity on edge…but she can type like there’s NO TOMORROW……

Keyboards and Maxine

CONTRIBUTE TODAY; YOU MAY BE NEXT TOMORROW………   DO NOT WALK QUIETLY IN THIS OPEN AIR AUSCHWITZ….’

Last winter I had to rely on the charity of the Salvation Army to keep my utilities on due to failures of CNA/Grancell to authorize TTD payments, causing extreme financial hardship.  Adult Protective Services intervened, as well as local politicians.  My income has been terminated again since July of 2014, and now the defense counsel wants to start another round of “medical evaluations” rather than medical treatments.

DEFENSE AGAINST THE PSYCHOPATHS

They have refused to “mediate” since I’m not dead yet, and such an event may cost them merely $100,000 in fines, as happened in Romano Trust vs. Sedgwick…. the HR peeps and adjusters kept their jobs, Sedgwick became more profitable, and nobody in Work Comp cared that yet another injured worker died a gruesome death….. PROFITS PREVAILED OVER LIFE.   DO YOU CARE?

DO YOU REALLY THINK YOU HAVE THE RIGHT TO REMAIN SILENT ANY LONGER?    http://www.womenontheirway.com/news-releases/advisory-board-launched/

As promised, here is a little more information on the Coastline Cognitive Retraining Program in Newport Beach that I hope to be accepted into, a great find.

“ATTORNEYS – DID YOU KNOW?  …..did you know there is a premier cognitive retraining program right here in Orange County? Coastline Community College is the home of the Acquired Brain Injury Program for your clients suffering from an acquired traumatic brain injury following a car accident, slip and fall, or perhaps, caused by medical negligence.”

.

“Why is this important to you? After your client sustains a mild traumatic brain injury, he or she can lose their employment because they can no longer focus or complete tasks necessary to complete their job. The defense will say that your client is malingering and being lazy….”

.

“The cognitive rehabilitation program lasts from 1-2 years and classes are four hours a day, four days a week – Monday through Thursday. The cost of the program is the cost of taking classes at Coastline Community College. In comparison, private cognitive programs can cost tens of thousands of dollars. The ABI program can help your clients to mitigate their damages and return to the work…”

.

Here’s the link to the lawyer’s comments, and other participants….  

http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/abi-student-blog/#anchor

Keep it handy, BRAIN INJURY IS THE SILENT EPIDEMIC, and most work comp doctors are sadly not in the know about diagnosis and treatment, causing egregious harm to injured workers at Wyndham in California and workers everywhere in America.  BE ALARMED AND BE ALARMING.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 PS  EBOLA AND HOSPITALITY:  BREAKING NEWS

Hotel stocks lower after U.S. Ebola case reported • 1:41 PM

Clark Schultz, SA News Editor
  • Concerns about the Ebola case in Dallas have contributed to a downward swing in hotel stocks

  • The group has been one of the hardest hit sectors on the day.

  • Decliners: Starwood Hotels (NYSE:HOT) -3.8%, Hyatt Hotels (NYSE:H) -3.1%, Hilton Worldwide (NYSE:HLT) -1.4%, Diamond Resorts (NYSE:DRII) -3.0%, InterContinental Hotels Group (NYSE:IHG) -2.6%, Wyndham Worldwide (NYSE:WYN) -3.3%, La Quinta (NYSE:LQ) -1.7%, Marriott International (NASDAQ:MAR) -3.5%, Red Lion Hotels (NYSE:RLH) -2.3%, Choice Hotels International (NYSE:CHH) -2.3%.

  • Previous coverage on Ebola impact

     

    The picture below was on FB, so it must be true, huh?! Ask a Risk Manager Today!

Ralphs Market and Romano

See any similarities?  One difference, they didn’t cut up my right shoulder rotator cuff tear…..didn’t even get PT for it till more than a year later, then they authorized an MRI and when it was determined that surgery was “necessary” the law firm chick says, “Oh, that’s not an accepted body part.”  Even though it was all over her premature attempt to coerce a settlement in November 2012 that required a) RESIGNATION FROM MY JOB, b) FORFEITING ANY FUTURE MEDICAL CARE, UNEMPLOYMENT, TEMPORARY DISABILITYand c) Releasing all parties from any liability for…. no kidding—-> $100,000, which also included unpaid medical miles and unpaid self-procured medical expenses that were, at the time, merely $1,700.  The number has escalated to more than $27,000 in unpaid expenses, and no kidding, the defense counsel thinks the injuries are minimal and the reserve amount on the claim is not much more than ….no kidding, “$100,000 neighborhood” but that it’s not “ripe” for mediation (translation?  ‘you’re not dead yet, you’ll cost us less then, particularly in California’  ‘Let’s organize a few more evaluations, our doctors need holiday funds, and evaluations are the best way to launder money in these operations…..and so what if our doctors only spend 25-55 minutes in their evaluations… for thousands of dollars….they have to pay their staffs to make up those reports…’)

Stephen Holmes 100000

If you are a Wydham employee, ask Steve Holmes, above, or  this guy, Thomas Motamed, CEO, below.  Dunno Steve’s income, but Thomas apparently makes more than $10.7 million a year and his company is the WorkComp Insurance Carrier for Wyndham.  They don’t provide necessary medical care either, and Wyndham says they can’t help, as they rely on CNA and Grancell to take care of their employees.  Yikes….. That “call from Chicago” sounds scarier and scarier and the facts be told, huh?

CNA CEO MOTAMED

Neither Wyndham Human Resources, Wyndham Employee Assistance, Wyndham’s WorkersComp Insurance Provider, CNA, nor Wyndham’s “Defense Counsel” were able to find and or authorize any medically necessary treatment for the traumatic brain injury OR ORTHOPEDIC INJURIES sustained at work, and they have consistently interrupted self-procured treatment, and failed to reimburse more than $27,000 in medical miles and medical treatments since 2012, and received a $20,000 discount from the State of California for failure to pay TTD on a timely basis.  Yeah, you read that right.  They made a $20K profit for refusing to pay TTD, despite Court requirement as well, so the State of California gave them a $20,000 bonus and negotiated away the rights, provided by law, of this injured worker, and it is apparently a pattern and practice of all major carriers, sanctioned by States.

PEREZ  LABOR DEPARTMENT 2014

Date of injury:  January 9, 2012         First date of medically necessary treatment for TBI:  August 4, 2014

Ain’t that just awful, and something for all ‘stakeholders’ to be ashamed of?

constitution  too long didnt read

So, COUNT ON ME, I found the COASTLINE 1-2 year program after hearing a speaker and ‘graduate’ of the Coastline Program, speak at the SCRIPPS ANNUAL BRAIN INJURY REHABILITATION CONFERENCE in May of this year, to an audience of primarily doctors, scientists and other health care providers.  I was invited to attend because I told one doctor, “You know, Wyndham may have to pay for vocational rehab to train me to be a neuro-scientists”…. He didn’t know if I was kidding or not, but encouraged me to attend the conference, that was a wealth of information.  As I tried to convey to Wyndham’s people and others all along, I AM INJURED, NOT STUPID.

#InjuredWorkersUniting…. Silent No More…

ASK ABOUT THE WORKERS COMP GRAVY TRAINS

https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/

In seeking legal counsel, even Larry Parkers’ office won’t help this injured worker.  Is there a “do not help” list in the world of workers comp?  The call I got from Chicago was….awww, never mind….watch for a blog on that too….. Yeah, be quiet, be sweet, be nice, be patient……

Who else is JUST FOLLOWING ORDERS??

If you have any questions or comments, leave them on the blog or contact any of us directly.

WE ARE THE MEDIA NOW.  HAVE A NICE DAY.

Sincerely,

Linda Ayres, In Pro Per

wynlinda@gmail.com

Lucy and Friends on WorkComp Crimes

For any inquiring minds, a recent email thread is below…. in response to defense polite notice of more evaluations and continued failure to act in good faith to obtain medically necessary treatment…..

PS  A recent LA Times article apparently mentioned LA Cops and Firefighters accused of faking work comp injuries and staying off work too many days.  Articles didn’t seem to mentione if said individuals ever got medically necessary treatment, or if they, like me, have been fighting to get medical care and fighting to return to work forever….  My first request to return to work with accommodations was October 2012.  Defense counsel told Wyndham to have no contact with me, so they just followed orders.  Some doctors had advised that had medical treatment been provided anywhere in that first year for brain injury (not just a little psycho-therapy and a couple chiropratice sessions) I might have been returned to work by then.  Wanna bet those cops and fire fighters are being kicked to the curb too…..?  Some investigative reporter may tell the rest of the story, someday soon, huh?

Special Report

L.A. pays millions as police and firefighter injury claims rise

“City officials offer a number of theories for the rise in claims and costs: an aging workforce; delays in approval of medical treatment; and the cuts in police overtime, which eliminated a key financial incentive for injured officers to return to work quickly.”   http://www.latimes.com/la-bio-jack-dolan-staff.html   jack.dolan@latimes.com

Let’s hope their Unions address these inflamatory pieces, huh?  

What’s Wrong Becomes Right  http://daviddepaolo.blogspot.com/2014/09/whats-wrong-becomes-right.html

Hey, America…… Heads Up.  Don’t give up your rights to think also.

—–Original Message—–
From: Linda Ayres <lindaayres@aol.com>
To: MBX – WVO Center <wvoleavesupportcenter@wyn.com>
Cc: Stewart Reubens <SReubens@grancell-law.com>; fred.sachs <fred.sachs@cna.com>; melisa.paramo <melisa.paramo@wyn.com>; mary.falvey <mary.falvey@wyn.com>; kembria.hahn <kembria.hahn@wyn.com>; Tina R Jordan <tina.jordan@wyn.com>; Linda Ayres <wynlinda@gmail.com>; Linda Ayres <lindaayres@aol.com>; Linda Ayres <reolinda@aol.com>; katy.brant <katy.brant@wyn.com>; kate.powers <kate.powers@wyn.com>
Sent: Tue, Sep 30, 2014 8:28 pm
Subject: WWID 4415287. Accommodations, return to Work, FEHA, Job Descriptions, Medical Treatment. Ayres, Linda

Dear Wyndham Leave Support:

You were inadvertently left off this distribution list.

The out of office response from Tina Jordan indicates she is gone through October 12, 2014.

Copies of multiple job descriptions have been requested and not yet received. A further delay will have a chain effect of further inauspicious delays.

Time is of the essence in the ongoing fights to obtain medical treatment and to initiate the FEHA required interactive process for return to work and accommodations issues.

Please reach out to Fred Sachs, CNA adjuster of the insurance company handling Wyndham Employee work comp coverage, as we, as employees, are also insured under that policy.

Please also reach out to Stewart Reubens and know that his role is adversarial and not in the interests of any injured worker.

These two individuals are attempting to work with me as I represent myself in order to finally get medically necessary treatments for a witnessed slip and fall backwards on ice at Big Bear on 1/9/12.

I hope none of you ever have to endure the tortures and horrors I have because of this work injury and the HR department failures to properly tran staff and intervene when Wyndham agents fail in compliance with Labor Codes and fail to provide medically necessary treatments.

It is still happening to me. You could be next.

Work with Mr Sachs and Mr Reubens to get what they need to move this forward and Melisa, please send me immediately the requested job descriptions so y doctors can make informed decisions.
My life depends on it.

In the event more treatment time at Scripps Brain Rehabilitation Program in Encinitas is authorized this week, we will anticipate commencement of FEHA interactive process in San Diego or Oceanside.

Please confirm who my H R Contact is for FEHA compliance.

Time is of the essence.

Thank you.

Linda Ayres, In Pro Per
“COUNT ON ME”
Wynlinda@gmail.com
LindaAyres@aol.com

InjuredWorkersUniting;
Silent No More

From: “Linda Ayres” <lindaayres@aol.com>

Date: Wed, 1 Oct 2014 02:52:12 +0000

To: Stewart Reubens<SReubens@grancell-law.com>

ReplyTo: lindaayres@aol.com

Cc: <fred.sachs@cna.com>; Tina R Jordan<tina.jordan@wyn.com>; <melisa.paramo@wyn.com>; <mary.falvey@wyn.com>; Linda Ayres<lindaayres@aol.com>; Linda Ayres<wynlinda@gmail.com>; Linda Ayres<reolinda@aol.com>; Hilda A. Chalgujian, PhD<hchalgujia@aol.com>

Subject: Response to Stewart: 70645 Ayres, Linda v Wyndham Vacation Ownership, Inc.: Linda Ayres

Hi Stewart,

Thanks for your email. I will look at the attachment soon.

I had to drive to Palm Desert and Indio today, so I am horizontal and very brain fatigued. I also had a session with Dr Hilda regarding how I am doing and where we go from here, and what paperwork is pending on all sides, and further info needed before I can be released to work and with what sort of accommodations. I also dropped off the accommodation papers for Dr Bergey’s review and completion and signaturesm Tina authorized the continuance, and told me to also put it in writing, which I did. Everybody got copies.

Also, bills are due and you haven’t forwarded the summary of the $27k in unreimbursed medical expenses since January of 2012 to Fred, so his hands are apparently tied. I am still TTD and my benefits are still due, or an advance on settlement would be a good faith effort in spite of more than 2.5 years failure to provide properly requested and medicallly necessary treatment for brain and other body part injuries. Just saying.

I did indicate I will attach the summaries of the $27k+ one more time, to the Proposal for Settlement I am working on.

If I am accepted to Coastline and start Oct 20, that could be powerfully good for me and for my future.

Dates to keep in mind: Wyndham Indio sales training to commence in November. H R will not provide the tentative to me yet.

October 20, 2014 potential start of Cognitive Rehab 1-2 year program in Newport Beach at Coastline. (I sent you info already)

(My old blackberry is a workhorse, but not great with attachments. My apologies.)

Ideally, another month or so will be authorized at Scripps and they can assist us with the FEHA Interactive process. Compliance that covers many of your questions.

Fred hopes to have a Corvel UR response by Friday, expedited, since they apparently have up to 30 days.

You already have the Scripps recommendations for RTW accommodations. What else you looking for today?

Did you see the 3 page spread sheet I provided this weekend in response to Tina Jordan’s request for “what if/then” scenarios? I worked very hard on that and it may serve as a guide when we finally start the Interactive process, that will involve more professionals.

Consideration is being given to a much less expensive cognitive rehabilitation program in Newport Beach, which starts October 20th, if I am accepted as a candidate who can be helped via their 1-2 year program. It is included in the 3 page excel spreadsheet what if/then scenarios.

Did you read it or do you want me to send it again with “proof of service”??

I am not “MMI” and without knwoing what treatment will be authorized from here, neither Dr Hilda nor Dr Bergey can just “guess” and risk such liabilities.
Fred may also be involved in the Interactive Process meetings the precede
RTW determinations?

In separate email I will send a brief summary of the Coastline. program, as described to Orange County attorneys by a brained injured attorney, as a means to help an brain injury Survivor and mitigate costs and exposures.

They suggest I get as much time at Scrippps as possible. If that means I don’t start at Coastline till January, so be it. Oct 20, with lodging, is my first preference today, pending of course, what treatments get authorized to get me MMI..

It could make you and Fred heros in wrapping up this case. I suggest you keep an open mind. Fred represents Wyndham, and me, as also insured as an injured worker, and in fiduciary responsibility to me as well.

The Grancell role has just been that of trouble makers all along……

Fred can help you too, if you let him.

As I have told you before, you frighten me and I have no reason to trust anything you say or do. Remember, I am injured not stupid. I am from the world of timeshare; I know your kind. They train us well. In Hawaii they might call you a “whale”….sillly names, but they make the power points.

Anyhow……
I need vision therapy stilll (to make it easier for me to edit and shorten emails)

You and Fred have already seen the requests for SCRIPPS recommendations and Dr Bergey’s requests for hearing aids required for this industrial injury.

Will you be requesting an Audiology PQME with an audiologist with TBI expertise. I don’t see the real point to “hearing more” that I am unable to process due to frontal lobe damage, but the doctor at Scripps is very smart and specializes in brain injuries and was relieved for me that she did not find ‘auditory processsing dysfunction’…..so it is much worse for some others with head injuries.

If you concur, let’s just get the aids at Scripps and we can see how they may expedite rehab, too. The cost s about $6k for starters, to be replaced every 4-5 years till death, if I remember it right.

Its included in the “Proposal for Settlement” I am working on and hope to send to you soon. I am using the one Kim Mall got in Nov 2012 when they tried to coerce me to quit my job and settle for $100k, wthout having seen any of the recommended specialists or received any of the recommended treatment for my brain till August 4, 2014. I am using it as a template. She left out so many rcords and a bunch of ICD9 codes, but did include the right shoulder and MRIs and EEGS and more.
I think the evaluating doctor was from out of State.

The Coastline Rehab program may also allow RTW, so as Tina suggested that all I might for now is a housekeeper position since my fingers are not broken, I am hereby asking that a job description for houskeeping be included with the other job descriptions I have requested for review and consideration by the treating doctors.

I do speak some Spanish, and getting fluent could be a project in cognitive and vacational rehab.

There is a Wyndham Hotel in Irvine that could fit the bill for RTW if I am accepted at the Coastline Rehab place for October start.

I will ask Dr Bergey is the untreated right shoulder rotor cuff tear could be compensated in some way that would let me work as a housekeeper, perhaps light duty. He would have to also see that job description. Me too.

A desk job with a second monitor might be a better option.

I want to have also a Functional Capacity Assessment that will help fine tune “work restrictions” and accommodations when we have a meeting. Time is of the essence.

Will you ask Fred to authorize it and provide a list of vendors, or we’ll just the company I found when I attended the CAAA conference exhibits.

Please confirm the medical records index that includes all the records I provided to Dr. Holmes at the aborted QME, and please ensure that all subsequent records are included. I will attend if you are in compliance. If medical records are omitted, we can duke it again in Court. Your pattern of practice has also been established.

I will agree to a Neruopsych panel as long as the doctor meets legal requrements and has current treating practice with traumatic brain injuries.

I am getting to an expert in these tests and my results seem to improve by sheer practice effect. Why do you want to spend more money on more evaluations instead of treatment. That is so nasty and evil, but so common.

The guy Kim Mall tried to send me to a couple months ago for a neuro-psych eval does not and has not treated TBI patients for over 7 years. HIs whole practice is WC evals. I will object and refuse to see him or anyone like him. Do check credentials and again, ensure I have a complete set of medical records provided to such doctor. Since I am not convinced you habe all the files, I want hard copies of the complete set of records you will send to such neuro-psych doctor.

Matrix/Relince is also sending me for another neuro-psych eval. Good Xmas coming for those doctors and their expensive 30-45 minute evals they charge thousands for.

(Did yu reallly pay OBrien, Kent and Zardouz for what they produced? 35+ real doctors disagreed with their findings, but, Ms Mall did set them up by omitting more than 300 pages of medical records, and when I got a Court Order requiring they be provided, she sent them totallly disorganized and asked them find the ones she had omitted. Big billable hours for doctors to organize Grancel records. Oh well. Fred may not know about that..now he does)

The standard eeg taken at Eisenhower in spring 2014 strongly recommeded further review of medical records for valid interpretation of this EEG. That has not yet been authorized nor accomplished yet. It is my understaning the epilepsy is a risk of TBI and a baseline MRI specific to such readings is recommmended annually, so you may want to ask Fred to either authorize Dr Michael Lobatz to request such an eval, or see if Fred has any better luck than Daniel in find a neurologist wth TBI expertise.

I think Dr Kent and Dr Zardouz and O’Brien can be ruled out as non-experts regarding diagnosis or treatment of head injuries now, and the Leckart firm would likely tear their records to shreds and perhaps involve civil actions, wouldn’t you agree?

You have received copies of my accommodations request and Tina Jordan has also received a request for an extension beyond the 9/26/14 premature demand for the completed forms, in lieu of interactive process.

I hand delivered today the Wyndham forms to Dr Hilda Chalgujian and to the Office of Dr. Darren Bergey. I am not their only patient, and demanding such a response within a week is not reasonable. Tina Jordan verbally agreed to 10 days past TD date, sooner if possible, for responses from the doctors.
As you know, we are awaiting further information and decisions on continuation of and commencement of medically necessary treatments before the doctors can accurately advise of what restrictions and accommodations may be required.

I have also asked Tina Jordan and Melisa Pamano, with copies to Mary Falvey, to provide job descriptions for the referenced possible alternative positions in the Wyndham system, in order for Dr. Bergey, Dr. Chalgujian, Dr Lobatz and possibly the Scrippps Interdisciplinary Team to consider in evaluating restrictions and accommodations to be further discussed at the FEHA mandated Interactive Process meetings.

As you also know, Dr Bergey has indicated that I am still TTD and the minimal and interruption treatment at Scripps Brain Rehabilitation Treatment Center continuance was thwarted by asking Dr Nudleman, via Corvel UR, to make a potentially life threatening health decision based on incomplete medical evidence (as referenced in the appeal regarding the continued pattern of practice to omit medical records with intent to harm and deny medical care, as usual.)

Fred Sachs has autorized Corvel to have either Dr. Nudleman or another doctor review all the records and make a decison. We are anticipating an expedited response.

Sorry this is so long, but you brought up multiple points. I find that if I print my long emails and read with a highlighter, they make perfect sense.

I will read it again in the morning and try to summarize the action points and include it with that lawyer applause about the Coastline cognitive rehab place. I will also add anything I may have left out due to te brain injury and brain fatigue fom today’s session and travels.

If you and Fred can put these pieces together and suggest a “Proposal for Settlement” before I get mine done, maybe we can settle up soon, I can return to work and get to the Coastline 1-2 year program. I need to hurry to work to get insurance coverage because y’all have failed to provide it all along, and the brain regulates all body systems.

Till next time, good nite all

Sincerely. Linda Ayres, In Pro Per

#InjuredWorkersUniting
#Silent NO More

PS. Got notice today that the CA State hearing re the failure to pay TTD and the discount the State of California of mmore than $20K pure profit to CNA, while negotiating away my civil rights is to be video recorded and conferenced. Sounds pretty high tech. Will advise more as it unfolds. No date yet.

PS Please ask Fred to ask his boss for a settlement advance. I have been denied income since July 2014 c’mon, its financial terrorism and you know it. Stop it, thanks.

By copy, I am again asking Mary Falvey to intervene on behalf of this injured worker and also insured under the CNA workers comp policy.

InjuredWorkersUniting;
Silent No More

From: Stewart Reubens

Date: Wed, 1 Oct 2014 00:19:35 +0000

To: Linda Ayres

Subject: FW: 70645 Ayres, Linda v Wyndham Vacation Ownership, Inc.: Linda Ayres

Please find enclosed for your review the notification of medical appointment with Dr. Holmes for 11/21/14   [Yet another orthopedic surgeon, d’oh!]

I am also requesting a Neuropsychological Panel

Finally, I am requesting information as to what your work restrictions are from the treating doctors

Thank you

white roses

PS  Dunno how to attach an excel spread sheet to a blog, so it’s pasted here in case you didn’t get the email…

ACCOMMODATIONS SCENARIOS, ‘WHAT IF’S’…. CONTINGENT ON DECISIONS ON MEDICAL TREATMENT
IF THEN ACCOMMODATIONS preliminary REQUESTS FOR CONSIDERATION in Compliance with FEHA Guidelines.
IF: Medically necessary treatment is provided THEN: RTW with accommodations is desired by IW, in order to to return to work as a once again valuable employee, using these terrible experiences to help ensure no other Wyndham employee is subjected to such horrors for the profits of the few, or because too many people didn’t do their jobs….causing egregious and irreparable harm to this worker. The type of accommodations that may be necessary are contingent on many variables, including how soon treatment is resumed, what kind, where other providers can be found, and what will be authorized.
IF:  Until MMI is determined, Cognitive Rehabilitative treatment to include and not be limited to: on-going neuro-psychology sessions with Dr. Hilda Chalgujian and Orthopedic with Dr. Darren Bergey… Acupuncture for Brain and Neck, Back, Shoulder Pain, Auditory treatments and equipment and other medically necessary treatments that may HAVE BEEN REPEATEDLY recommended and required by treating doctors, along with vocational rehab and restoration of all Professional Credentials lost due to Wyndham’s failure to provide immediate, reasonable and appropriate medical care from date of injury to this date.  Participation of medical professionals to be included in identification and implementation of any/all necessary accommodations, in compliance with FEHA guidelines and Interactive Process THEN:  Interactive Process of FEHA required to sort this out, and Injured worker again requests that any/all such meetings include necessary recording and memory aid devices, in compliance with ADA accommodation requests.  Said accomodation was denied at informal meet and greet meeting with Wyndham HR Director and HR Manager in Palm Springs on 9/23/14, and Interactive Process has not begun yet.  Further, to compare my RTW ops with that of a returning housekeeper felt like bullying and verbal abuse and age discrimination.  Please also do not compare an untreated brain injury to a broken finger, arm, leg or toe.  That is highly insulting and perceived as continued harm and abuse, in sheer bad faith and breach of fiduciary responsiblities.   Defense and HR have been provided with info on CA law regarding rights to medical care and FEHA RTW and accommodations. All accommodations recommended by SCRIPPS, by Dr. Chalgujian, Dr. Bergey and injured worker, to be explored based on treatment authorized, location and positions to be fully explored in interactive process; more or less accommodations may be discovered in that process;  All previously requested accommodations to be considered as medically necessary treatment was not authorized and ‘rest and wait’ did not cure the conditions. Functional Capacity Assessement, as allowed by WC Law, in addition to the report by Dr. Chalgujian, to be expedited to be included in the assessments, alleviating the guessing with more hard facts.  Reimbursement by Wyndham/CNA of more than $27,000+ plus penalties, in medical miles and medical expenses since date of injury, 1/9/12, expected as part of the RTW accommodations, and retroactive TTD reimbursements, in compliance with laws of the land.
1 IF:  SCRIPPS Brain Injury Day Treatment Program – Encinitas… continued medically necessary interdisciplinary treatment is authorized on appeal for 2-3 more months, along with participation in the FEHA Interactive Process, THEN:   RTW, Part Time in North County Wy ndham Property, with accommodations Lodging in Encinitas or Oceanside PLUS:
2 IF:  SCRIPPS Brain Injury Day Treatment Program – Encinitas … continued medically necessary interdisciplinary treatment is denied but continued Occupational Therapy, Speech Therapy at SCRIPPS is authorized for as long as necessary…. THEN:   RTW, Part Time in North County Wyndham Property, with accommodations Lodging in Encinitas or Oceanside PLUS:
3 IF:  SCRIPPS Brain Injury Day Treatment program is denied…. THEN:   Explore alternatives to legal liability to provide medically necessary treatment to relieve pain and remediate injuries
4 IF:  Coastline Community College Traumatic Brain Injury Cognitive Rehabililtation 1-2 Year Program – Post SCRIPPS, (if resumed immediately until acceptance to the CCC TBI program), commence first semester 10/20/14, upon acceptance THEN:   RTW, Part time in Wyndham property in Irvine, Newport Beach or Costa Mesa, position to be explored and determined in Interactive Process Lodging in Newport Beach or Irvine, full relocation PLUS:
5 IF:   Local providers for Speech Therapy, Occupational Therapy, Physical Therapy and Vision Therapy on a minimal basis  (CASA COLINA is similar to SCRIPPS and there are issues of Defense interference and missing records and failure to treat; LOMA LINDA is a bit closer, Eisenhower is closest to Indio; SCRIPPS would be closest for the 1-year Coastline TBI Group; Vision Therapy is in Fullerton, to be resumed asap. THEN:   RTW part time at Wyndham Indio Resort to participate in Sales or QA/VLO/Resort Guide training in December, then transfer to Palm Springs after Indio training (in-house line), or when Palm Springs Sales Office opens for Season. Lodging at Indio resort during 14 days of training PLUS: ,   rest break of 3-4 days after training processing training, then commence part-time a) Sales (in-house or hybrid) b) Resort Guide or c) QA/VLO; sufficient time off for medical appointments;        d) If the 1-2 year Coastline TBI program in Newport Beach accepts application and if it is authorized by CNA, then SCRIPPS would again be the reasonable choice for the non-interdisciplinary treatment requirements; If this/then that to be determined.
6 IF:    The Bad Faith and Breach of Fiduciary Responsiblities continues and medically necessary treatment is not provided, and FEHA Civil suit is mandated with anticipation of CLASS Action, so be it….  If the doctors will assume responsibility and professional liability for claiming that I may return to work with minimal accommodations in order to save my life and keep home, so be it THEN:  RTW part time at Wyndham Indio Resort, as QA/VLO position upon authorization to RTW, in the salaried position of $50,000 with benefits commencing immediately, and employee group health insurance to commence immediately, with assurance that the industrial injuries sustained at work on 1/9/12 but not treated until 8/4/14, then said treatment severely diminished then terminated, so that proper medical care can be obtained and due process of the fullest extent of the law, including ADA violations and age discrimination in failure to treat, and refusal to engage in interactive process. RTW part time in Indio after full time training in November, with a break before return to sales in-house line or RTW part time in Indio after QA/VLO training and re-establishment of California Notary and Broker’s license in the interim, loss being caused by Wyndham and it’s agents and failures to treat industrial witnessed slip and fall backwards, and Wyndham’s failure to have properly trained staff in handling incidents of work injuries in compliance with California Labor Laws and US Constitution.  Please also see accommodations requested since October 2012, and said requests are also to be explored in the FEHA required Interactive Process.  If Injured Worker didn’t have brain injuries, this process might be as simple as RTW for a ‘housekeeper with a broken finger’…. Sadly, a brain injury is a more complex than either HR, the Insurance Carrier, the Adjuster, or Wyndham senior staff may grasp.  The Corporate irresponsiblity and blatant disregard for an Injured Worker is unconcienable, and has been from day one.
7 SEE PREVIOUSLY SUBMITTED PRELIMINARY ACCOMMODATIONS REQUESTED OF WYNDHAM ON BEHALF OF INJURED WORKER BY SCRIPPS BRAIN INJURY REHABILITATION PROGRAM, and refer to phone discussions between Scripps and Wyndham and Grancell.
PLEASE PROVIDE, AS PREVIOUSLY REQUESTED, ALL EVIDENCE, RECORDS, VIDEOS, AND ANY INVESTIGATIVE WORK BY WYNDHAM OR IT’S AGENTS REGARDING THIS INDUSTRIAL INJURY.  PREVIOUS REQUESTS HAVE ALSO BEEN IGNORED BY ALL ‘STAKEHOLDERS’

What can we tell Injured Workers and their loved ones about YOUR #WorkComp organization?

Hi Friends in the Work Comp Industry!   Greetings from #InjuredWorkersUnited: SILENT NO MORE

I am so grateful to have met you, and many other wonderful people met through the CAAA Applicant’s Attorney Association Conference, Winter 2014, in Rancho Mirage!  With thanks to my FB Buddy and Honorable Judge who facilitated access to the Exhibit Hall at the event!  I look forward to connecting with more of you, virtually!

I did speak to the organizing attorney of that event (must find his name again, disorganization is just one of the many side-effects of TBI) and I suggested that they open up the Exhibit halls to Injured Workers, and offer an injured worker discounted fee for their educational forums.  If all WorkComp industry events would open doors to injured workers, virtual and non-virtual, great progress could be made in “cutting costs and saving lives.”  

INJURED WORKERS ARE NOT THE PROBLEM; WE ARE THE CASUALTIES OF THE PROBLEMS; the collateral damage to insane profits of your mega-billion dollar industries.  

WorkComp is much like the Nuclear Industry: PROFITS BEFORE LIVES.

I met some amazing people!  I had begun to believe that WorkComp was just a rat infested sewer of Americans acting like Sonderkommando of WorldWar II. I am happy to be able to report, that opinion is changing….with each new positive encounter, further facilitated via social media. 

FOLLOW THIS BLOG; MORE TO COME…..COUNT ON IT!  (Thanks!)

1399166808228

 

 

I start SCRIPPS BRAIN INJURY REHABILITATION PROGRAM next week and I guess I could have had a driver and sedan for transportation, but I’ll rough it. 🙂

social networking

Here’s a note I started for another friend, but I’m turning it into a blog this morning…. via Social Media, I am meeting more and more good providers of WorkComp information and services.
.
This  blog has a Resources page; we will amp it up!  This is a new beginning (with several other drafts still in the works).  The title of today’s blog is:

 

What can we tell Injured Workers and their loved ones about YOUR organization?

 

At the same time, my benefits (income) have been abruptly allegedly “EXHAUSTED” as of  7/26/14 (I was told the reinstatement would last through mid-September, minimally).  Date of Injury 1/9/12.  Exhaustion of benefits: 7/26/14.  
That appears to be a shortfall of 24 weeks, or $23,088.  
Combined with the unreimbursed since 2012 medical miles and expenses of $25,262.99 submitted to date; June-July are still to be submitted.  
That’s $48,350.99 they got away with not paying, on top of causing me egregious harm by failure to provide medically necessary treatment for 2 years, 6 months, 24 days.
white roses

 

The  Wyndham long term disability carrier staff of Reliance/Matrix are COMPETENT, nice, kind, compassionate, friendly, even if they deliver less than anticipated news.  I don’t know exactly what the problem is with CNA and Grancell, but it ain’t me, no matter how many doctors they may pay to write expensive fake reports!

 

 Exhaustion of Benefits  104 plus 52 equals how much

 

The problem is simple:  In CA, an injured worker is entitled to 104 weeks of TTD, 52 weeks of State Disability.  (156 weeks).  I have been paid approximately 132 weeks.  The math DOES NOT COMPUTE, HUH?   “Where’s the money, Mr. Motamed? Looks like a shortfall of 24 weeks, AND, continued refusal to reimburse medical miles to even primary treating doctors, and self-procured medically necessary treatment in light of your company’s breach of fiduciary responsiblities to have provided immediate, reasonable and appropriate medical care for clearly diagnosed, by multiple doctors over the course.

 .

Many of your people do not know that the “brain” is a body part located in the “head” and they are further puzzled, baffled and bewildered to discover that “evaluations are not medical treatment.”  The same problem exist at WCAB, particularly in the Information and Assistance realms, that “very small community, where everybody knows everybody, and has worked together for years.”  Collusion?  Awww, fix it and the District Attorney may continue to look the other way, huh?

 .

CNA secured a free loan from the State of California (in defiance of paying TTD in 2012, the State therefore paid $47,922 in 2012/2013), then, on demand for payment, CNA secured a huge discount and paid the State back $31,400, shorting ME approximately 24 weeks of benefits, while STILL WAITING FOR TREATMENT TO COMMENCE.  The State tells me it happens all the time, and their hands are tied.  (By whaaaat?!!!)

 .

That tells me that CNA and their law firm, Grancell et al,  have declared an end to the cease fire in another act of ‘guerrila warefare’…..   They both indicated they will do nothing to sort it out, and actually wrote me some pretty mean and nasty emails. Wyndham remains silent.   :/ TSK! Blockheads! 

 

Lucy and Friends on WorkComp Crimes

 

You can tell your people I intended to play nice and quiet and wait and see what happens during/after treatment.  That’s not doing me any good, since the financial terrorism of February 2014 is starting alll over again.

 

WC WHAT DIFFERENCE DOES IT MAKE 7 1 2014

 

Before I head to SCRIPPS, my political representatives will hear about this in further detail, as it appears to be a pattern and practice exercised by CNA, with all injured workers, in all states. Mr. Motamed, $10.7 million dollars a year CNA CEO will also be hearing from/of me, if he hasn’t already.

 

CNA CEO MOTAMED

 

Tsk, mean crowd.

 

Stephen Holmes 100000
WyndhamWorldwide CEO, Stephen Holmes, 4th dude from the left. Dude, Dump CNA and Grancell, take it from an Injured Worker AND Shareholder. In one sytem-fail injury worker case, they have undone years of goodwill… How many other Wyndham employees have been so poorlytreated?  Is it worth it? WE THINK NOT.

 

Human Rights & Ethics

“Learn more about our commitment to protecting human rights.”

“Wyndham Worldwide is committed to protecting human rights and is proud to partner with leading organizations who share our same commitment. We strongly believe in collaboration throughout the international travel and tourism industry, in conjunction with law enforcement and other agencies at all levels, plays a critical role in increasing awareness and prevention around the world.”

 

Just wanted to bring you up to date….. I intend to take my blogs in a more solutions oriented direction…. while continuing to expose crimes against injured workers.

 

 

What can We tell InjuredWorkers and their loved ones about YOUR organization?

Some Injured Workers Resources:  https://askaboutworkerscompgravytrains.com/about/

 

Oh Oh……dunno if you know of Becki Shafer?  “Rebecca Shafer,  Amaxx Risk Solutions, Inc.”

WC Mini Books

A blog was done that sort of plugged her book after ordering her book for myself, with hopes that if injured workers are armed with information, we will be less vulnerable to the hate crimes of the big insurance companies.
.
(They hate us because a little medical care cuts into their corporate profits??! D’oh! They may need new bean counters!!!)

 

BS RADICAL INJURED WORKER JUL 2014
conta.cc/1qL1myX
Radical Injured Worker
conta.cc/1qL1myX

 

Had Wyndham Worldwide done a fraction of what is recommended as a procedure, pattern and practice to adhere to in her book, it’s doubtful this mess would be as awful as it is, with ‘exposure’ to so many…

 

 

Here, if you get a chance, check it out… Some of your clients might need a copy.

 

What can We tell InjuredWorkers and their loved ones about YOUR organization?

 

 

Our mottos are:  

 

#InjuredWorkersUnited:  SILENT NO MORE

WE ARE THE MEDIA NOW

 

 

 

Cheers!

 

Linda and Friends

#InjuredWorkersUnited:  SILENT NO MORE

WE SHALL OVERCOME

 

 

 

PS  Feel free to send this to your contacts at CNA….. I am doing likewise. 

 

 CNA CLAIM FRAUD CONTACTS

WorkComp is much like the Nuclear Industry:

PROFITS BEFORE LIVES.

ASK ABOUT FUKUSHIMA NOW

 
 
Remember Remember #Fukushima.  Triple #Nuclear Meltdowns, #ELE In Progress since 3.11.11.
Fukushima not a leak   Meltdowns
‘They may call you a Radical….’

WE ARE THE MEDIA NOW

“RADICAL INJURED WORKER CAUGHT ON FILM RAGING AGAINST THE SYSTEM”

Dear Mr. Reubens,

What’s up?  Do we have a status on Brain Injury Rehabilitation Day Program Start up yet?  TIC TOC  CHOP CHOP  It was finally approved by the WCAB UR Appeal process on July 11, 2014… (Yeah, I know, the doctors recommended 3-6 months, and the approval was modified down to 1 month, but we can fight later about that) so let’s go.

Yesterday, SCRIPPS advised they had not yet heard from Daniel Elliott, CNA Adjuster.  I politely suggested they go directly to you, for reasons we both know.  So, maybe word today?

Did you have a chance to review the approximately 300 more pages of records that were provided to Dr. Holmes by the Claimant, in pro per, since your firm forgot to send an update of records and medical records index to either Dr. Holmes or claimant prior to the Orthopedic QME?

The SUMMARY PAGE of the series of unfortunate events followed by more unfortunate events that have contributed to failure to provide medically necessasry treatments for more than 2.5 years seemed to have your name all over it.

Learning Services; CNS  Centre for Neuro Skills are standing by, and Casa Colina is another option, or just send me back to Jaudy Treatment Center, it’s all scientifically based, but the doctors like to be paid, not stiffed.  You’re welcome, I know you are busy.

“RADICAL INJURED WORKER CAUGHT ON FILM RAGING AGAINST THE SYSTEM”

Hey, did you ever spend the 9 minutes to watch this little video of me?  Yeah, it makes me look like a real radical, revolutionary, psycho as Dr. O’Brien, Forensic Psychiatrist tries to portray me, huh?  Check it out….. It was after 8 treatments at Jaudy Center…. You might find it shocking.

Search Results

Linda A Testimonial | Jaudy Treatment Center – Dr. Jaudy

www.drjaudy.com/patient-testimonials/linda-a-testimonial/  

Linda A Testimonial | … Conditions · Dr Jaudy · MEET THE DOCTOR · MESSAGE FROM DR JAUDY · MEETING THE CHALLENGE · WHY CHOOSE DR JAUDY 12/12

____________________________________________________________________________________

Oh yeah, the invitation is still open for mediation.  I have also self-procured piano lessons….We’re on the kid’s book, and going very slow.   At first the instructor didn’t think I really have a brain injury because I ‘look ok’….. I don’t even get to use two books, like her under age of 10-kids use…. I’m in the first book, and we go slow, real slow.  But, it’s mathematical and scientific and said to be a good treatment for people with brain injuries…..So, till my employer decides I’ve been on the rest and wait program long enough to be provided with medical care, I’ll keep muddling along.

OH, my creative, therapeutic blogging is coming along nicely too, and I always feel better after I do a little “Ain’t it awful, WORK COMP” rant.

ok, I know I know…..we’re not pen pals.  Just checking on status of SCRIPPS.  MY BAGS ARE almost PACKED AND I’M READY TO GO.

Let’s move it, huh?

Thanks, Mr. Reubens.

Cheers,

Linda Ayres
Brain Injury Survivor,
Injured California Worker, IN PRO PER
wynLINDA@gmail.com
ADJ8181903

CC:  Daniel Elliott, CNA & Multiple Other Parties at SCRIPPS and beyond

 

#InjuredWorkersUnited…SILENT NO MORE

InjuredWorkersUnited SILENT NO MORE

 

Related Links:

Yeah, it’s sure a big deal, huh? #InjuredWorkersUNITED
Concerned about #WorkComp Costs in America these days?
SEE MORE HERE https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/
PS  Continue to ASK ABOUT FUKUSHIMA NOW
Remember Remember Fukushima Nuclear Meltdown Workers
Remember Remember Fukushima Nuclear Meltdown Workers