Open Letter to CAAA Members — Why you cause such harm to Injured Workers? You no make enough money?

Years ago I asked an ol’ Sicilian Godfather type character, “Will you tell me, please, what is the secret to making lots of money?”  He said, “I will tell you.  It is very simple.  You find a need, then you fill it.”

What I have discovered about the majority of the members of the California Applicant Attorney’s Association membership is that they are generally burnt out, angry, disgruntled, overworked, screwed out of a decent wage by the chicanery of the Defense firms, and the end result is more casualties in the American Work Force. I’ve talked with plenty of you, from here to Northern California.  Most of you have been polite and cordial, but compassion is a rare quality in your ilk, isn’t it?

lawyers den (2)
https://askaboutworkerscompgravytrains.com/2015/01/01/disappointment-and-frustration-with-the-work-comp-system/
In my case, people say, ‘Oh.  She had 4 attorneys.  She must be hard to work with.’  BLAME THE VICTIM, THAT’S HOW YOU SLEEP AT NIGHT?

Because the majority of CAAA attorneys seem impotent in the Art of Negotiation, and seem to feel condemned to working for what probably figures out to be about $10.00 an hour?   The end result is badly managed work comp cases, workers that don’t get medical care, and as one of the four retained and dismissed in my case advised:

“Most of my clients don’t get medical care, they lose their jobs and their homes; it’s just how it is.”  

That one attempted to coerce me to accept a premature settlement offer for a 1/9/12 brain injury for the ol’ $100,000, less legal fees, in November 2012, without benefit of having seen the specialist doctors recommended repeatedly, and denied not by UR but by the adjuster and the defense counsel.

.

He advised that, “Nobody will believe you have a brain injury. Work comp is a small community….”   I told him I was injured not stupid and that if nobody would believe it  was only because he didn’t do his job and get me to brain injury doctors, as repeatedly recommended by all the evaluating doctors I had been sent to.  How much money did the approximately 40 evaluating doctors plus CorVel & Maximus peeps make off my life so far?  How much do the defense attorneys make by continuously harming me?  And how about those adjusters and their fraud department that backs them up?

wpid-fb_img_1425358698984.jpg

I’ve spent close to $50,000 on medical expenses trying to Survive WorkComp, and to clean up the legal messes CREATED BY YOUR MEMBERS, and have lost professional credentials and earning capacity, and I haven’t worked since 1/9/12.  Just because I can type doesn’t mean my brain injury healed on the rest and wait and wait and wait and wait CNA plan.

Stephen Hawking

If CAAA members learned a bit about negotiations, they might find it reasonable to find alternatives to scavenger, bottom feeder type holds with liens when prior counsel has done nothing but harm the injured worker by doing a poor job, or no job at all.

One  attorney’s I retained, when I advised his office they were being retained because the defense has a nasty pattern and practice of omitting hundreds of pages of medical records with intent (and success) to deny medical care, I was assured I would not be sent to any evaluations until the matter was resolved.  Was that ever a whopper, committed by non-supervised “case manager’ practicing law without a license, another pattern similar to the QME/AME  doctor reports written not by the doctors, but by the non-medical staff.

y u no see lies so obvious lies

Then, in writing, he battered me and accused me of desperately needing mental health care, and arrogantly stated that “There is no conspiracy to omit medical records in your case.”  He sent me to a very dubious AME eval, without medical records, and I am still paying for his incompetence.  By the way, it took nearly 8 hours in Court to get the Judge to order the Defense to send the omitted records to the two involved doctors (of the time) and to request a supplemental report.  Well, she sent them all right, not separately, not identified, but just in a new disorganized box and suggested the doctor find them and see if they made any difference in the conclusions. Then she did it again with the next QME, in December 2013. That’s 2 attorneys and highlights of their arrogance and incompetence.

The first one hardly counts, as it was not an attorney at all, it was a 60 second meet and greet with the attorney, then turned over to the Office Manager, who chanted, “There is no psych component to a WorkComp case” and promptly (next day) had me scheduled with an Orthopedic Surgeon on El Paseo in Palm Desert — FOR A BRAIN INJURY.   I got lost trying to find the front door, and entered through the employee entrance in the back — nobody but me found that odd.    The last one, rather than read the files I sent, and deal with the mess created by #3, merely agreed to yet another Orthopedic evaluation in late 2013.

Primary treating doctor has been an Orthopedic Surgeon (from 2/2013 through 12/2014 — I have had NO PTP since 12/2014—hardly matters, as there has been little-to-no care, just excessive evaluation upon evaluation, in true WorkComp Gravy Train fashion.

That’s 4 attorneys — #1 for 30 days in 2012, #2 for 9 months in 2012, #3 for 90 days in 2013 and #4 for 45 days in 2013/2014.  When I have asked them to release their liens so that I can find an attorney to help me, they just say no.

The office of #3, in an attempt to console me, said, “Oh, it makes no difference to you that he won’t release the lien  You get the same in any event.  It doesn’t matter if you have 1 or 5 or 10 attorneys, they divide up the 15%.”  I said, but you don’t understand, each of the 4 did more harm to me than the other, and I have a brain injury, and I can’t figure this crap out, there’s no integrity, fraud is NOT prosecuted, and the defense just makes stuff up and the WCAB supports it, and I can’t find competent counsel to represent me.

I’ve been told everything from “there’s no money in it” “previous attorneys didn’t do their job”  “the medical records were not properly developed” “there’s too much fraud—it’s over my head” “you’ve already had 1 attorney”  “you’ve already had 2 attorneys”  “you’ve already had 3 attorneys”  “you’ve already have 4 attorneys”  “nobody will be #5”

learning rx   survey 4 2 2015  1031 am

I asked one Judge to authorize me to pay someone hourly to help me. I can’t even find legal aid or a paralegal to help me. It seems that the WorkComp rackets have everything locked down.  There are even federally funded brain injury advocacy groups THAT REFUSE TO HELP AN AMERICAN WITH BRAIN INJURY IF THE INJURY HAPPENED AT WORK!

I have a brain injury plus it’s work comp.  The Information and Assistance office has clearly given me erroneous information SINCE FIRST MEETING IN 2012, and badgered me, abused me, violated ADA and civil rights,  and made it quite whose side she works for.  In Injured Worker circles, the experience of most I & A Officers is the same, so I don’t take it personally.  But, know that when you tell injured workers to see the I & A officer, you’re condemning them to more harm, and your credibility is further reduced.

THE BRAIN INJURY HANDBOOK

WHAT IS A SOLUTION?

I tell you this because it’s identifying a need, that you can fill, and I can only scream about.  Your industry vendors are even afraid to work with/for an Injured Worker, in Pro Per.  Your industry doctors, playing hot shot, even return properly served medical records and threaten to sue an injured worker for daring to properly send such documents. Your vendors make it clear that they only take directions from “the adjuster” or  “The Defense”.

I even asked at WCAB for a list of possible attorneys in 2013.  I found one who answered his own phone.  Trouble is, he no longer works for injured workers.  He works for The Defense.  I got quiet and asked, “Tell me, why did you go to the Dark Side?”” He got quiet and said, “Because that’s where the money is.”

So, for starters, if you are approached by an injured worker with a brain injury, if you know nothing about brain injury, give them immediately a letter of non-engagement, and a referral if you can.

Then, set up some training sessions for your members for negotiations, and start with studies of Psychopaths…ie. DEFENSE AGAINST THE PSYCHOPATH.  It will help your members understand the Defense, and may reveal similar traits that may cause them to just head over to the Dark Side.

Watch it again, and tell your friends and neighbors.  

Defense Against the#Psychopath (Full length) – 
www.youtube.com/watch?v=Gd6P1Ue2aGg  
Defense Against the Psychopath By Stefan Verstappen Defense Against the Psychopath is a documentary Defense Against the Psychopath (Full length)

Then, in each of your offices, set up an InProPer division, or something similar, with a Paralegal component, and an hourly fee, with a provision to take over the case when attorney liens are withdrawn.

DO SOMETHING TO HELP CLEAN UP THE MESS THAT YOUR INCOMPETENT COLLEAGUES CREATE, AND GET THEIR FANGS OUT OF THE LIENS THAT RESULT TO NOTHING FOR ANYBODY.

OH YEAH, OPEN YOUR FANCY CONFERENCES TO INJURED WORKERS, PARTICULARLY YOUR EXHIBIT HALLS.  IF YOU WON’T REPRESENT US, HELP US FIND THE RESOURCES TO REPRESENT OURSELVES.

Do some client follow up…… you may find gross dissatisfaction with your industry by injured workers and doctors.  You can blame injured workers all day long for your own shortcomings, but…in the end, you know the truth.

I will never forget the attorney who called me back around 8 o’clock one evening, screaming and swearing that he was working so late, and when I explained my case, to the best of my abilities, he called me “one of those work comp pariahs” and that he knew the defense counsel.  He assured me that ‘fraud’ was not a possibility; “incompetence, yes, but she is not capable of fraud”…. (That was his opinion; evidence points in the other direction.)

GIVE IT SOME THOUGHT…… IF YOU CAN’T HELP INJURED WORKERS, EITHER FIND SOME WAYS TO HELP THE IN PRO PER POPULATION, OR BE ASSURED, WE WILL DO ALL WE CAN TO GET YOU OUT OF THE EQUATIONS TOTALLY, and FIND WAYS TO HOLD YOU AND YOURS ACCOUNTABLE FOR THE HARM YOU CAUSE TO THE INJURED WORKER POPULATIONS IN CALIFORNIA, AND YOUR COLLEAGUES IN ALL STATES OF THE UNION.

CAN’T WE ALL JUST GET ALONG?

LIONS  SURROUND YOURSELF    find the others

Look for the In Pro Per OBJECTION TO A FRIVOLOUS ORDER TO COMPEL ……COMING UP THIS WEEK….

WorkCompLinda  Twitter

ASK ABOUT WORKERS COMP GRAVY TRAINS   JAN 1 2015
https://askaboutworkerscompgravytrains.com/2015/01/01/disappointment-and-frustration-with-the-work-comp-system/
WE ARE THE    MEDIA NOW

Can a Judge Compel a 2012 Injured Worker to Participate in Felony WorkComp Fraud Scam?

“… I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic…”

“Domestic enemies”….that seems to include the #WorkCompsters and their #WarOnWorkers, wouldn’t you think?

flag distress signal

 

Dear “Supplemental People” —-

US Constitutional 5th and 14th Amendments immediately come to mind, and the secret police type reports Grancell encourages to protect fraudulent medical reports of their payees seems to violate Article 14 of the California Constitution, for starters.

DO YOU HAVE ANY LEGAL CITATIONS TO SUGGEST TO INCLUDE IN MY RESPONSE TO THE JUDGE’S ORDER TO COMPEL ATTENDANCE AT AN ENT DOCTOR EVALUATION …

[Ear, nose and throat; general vicinity of the brain, but still not a brain doctor, but closer than an orthopedic surgeon, huh?]

…. AND YET ANOTHER NEURO-PSYCH EVALUATION, without causing the Defense to provide complete and accurate records, and allowing the Defense to write false cover letters to the doctors, and without allowing due process to injured worker to appear and plead for medical care and cessation of bullying, file churning and fraud, and with denials of requested ADA accommodations for appearance?

I found this on Facebook...seems true.  Is there Civil Code to go with it?
I found this on Facebook…seems true. Is there Civil OR Federal Code to go with it?

As defense is attempting to falsely claim this accident did not occur at work, is Wyndham Worldwide committing fraud, or is it just the Defense Firm personnel and the doctors they have involved in their chicanery via omission of medical records and misleading cover letters?  Now, if they say I did fall backwards on ice and hit my head real hard, as the DWC-1 statement on date of injury so indicates, and is signed by the Admin Manager, and they know I haven’t worked or been right since, then Wyndham appears to be only guilty of collusion to keep the dirty secrets, and human rights failures to come to the aid of an injured worker, and failures to hold their vendors accountable for bullying and egregious harm to an Injured Wyndham Worker.

Duration since Jan 9 2012
How can failures to provide medical care this long in WorkComp “Exclusive Remedy” BE LEGAL?  How many doctors have evaluated and made recommendations for denied medical care over this course? 35? 40? What’s next?   ASK ABOUT WORKERS COMP GRAVY TRAINS NOW

Back in 2013, I asked a Judge to authorize me to pay an hourly consult to a WorkComp lawyer, as indicated in the Christopher A. Ball book for Injured Workers, recommended on the WCAB site.  It is called California Workers’ Comp HOW TO TAKE CHARGE WHEN YOU’RE INJURED ON THE JOB.  The Judge declined; said it was against the law.

why mediate

I have dismissed 4 law firms that seemed very confused about the difference between a broken finger and a brain injury, so not a good fit for attempting to get medical care. I have accomplished more than all 4 of them on my own., and I have accomplished quite little.  So, that leaves me without legal counsel, with a brain injury, fighting organized crime, armed with the will to survive and the ability to type and blog.  Ain’t that nothing, America!

 

Ayres_Linda_Crush_1228aaMEDIATION FASTEST ROUTE

My response, this weekend, with a “DOR” will probably be called:

PETITION TO COMPEL RIGHT ACTION AND COMPLIANCE WITH LABOR CODE AND US CONSTITUTIONAL LAW in the case of Linda Ayres Vs. Wyndham Worldwide, et al

tbi and ice

As you know, on January 9, 2012, in efforts to help my co-workers get inside the office, during a snow storm, in which we were locked out, I told my manager I thought the window at my table might be unlocked, and we walked over to check the window.  It was locked.  My manager made it back to the side walk safely;  I slipped on ice and fell backwards, and hit my head very very hard.  I laid on the ground for I don’t know how long, my keys went flying and when my manager asked, “Are you ok?” I said, “No, I’m not.  I hit my head reallly reallly reallly hard.” Somebody took my briefcase inside the office but I had to go outside later to find my keys, that I do remember, because they were not in my handbag.

brain concussion tbi

After a little while, he helped me up.  I’m in sales.  We are ‘trained’ to leave our troubles at the door.  I dusted all the snow off of me, and went inside to attend the Sales Huddle.  My colleagues had a good laugh.  I forget who said it, but someone said, “Ewwwwwww, Linda has Fukushima Rads all over her now!”  (I had shared with them how radioactive snow is, as the snowflakes latch on to the radioactive isotopes like scavengers, and encouraged dodging the snow flakes, by any means necessary.)  I got “in trouble” for sharing this picture in the break room in 2011… I was told it was not very positive; it illustrates the impact of radiation poisoning.

Whats next Mom
Hello World! Ask About Fukushima Now http://askaboutfukushimanow.com/

 

Later, the Administrative Manager asked if I was going to see a doctor, and I said yes, and I asked, “Do I have to see any special doctor?”  He said, “Just see any doctor that accepts workers comp insurance” and he gave me an incomplete “DWC-1” form — he signed it, but it had no insurance company information on it, and no doctor could accept it, and the office did not return the doctor’s calls.

Remember, Wyndham staff did not offer to call 911 or even bother to take me or offer a ride to Urgent Care or an Emergency Room. Previously, I dropped everything and took a co-worker to Urgent Care as she was complaining of chest pains to everybody.  HR had no plan in place for dealing with such issues, either.  Perhaps staff is “too young or too stupid” to make life affirming decisions.

My guests, at the first wave tour, knew I was clearly dazed and confused, and they got their “gift” without any hard-sell….just gratitude that they were understanding about my confusion, as I told them I had slipped on ice and hit my head real hard that morning.

I went to the doctor after work, God only knows how I drove down that icy mountain road.  For some reason, I don’t know why, an hour trip took over two hours.  When I saw the chiropractor (I thought I just needed a little adjustment for my neck and back) but the doctor said I had a concussion.  I didn’t know what that meant.  He suggested I would feel like I’d been hit by a truck in a few days, but in a few weeks I’d probably be fine  He was right about feeling like I’d been hit by a truck.  I vaguely remember having to use both hands to lift my head up from bed, and I slept a lot –

WWW MMM 13

I went to the Urgent care a few days later, since someone told me people can die from head injuries; they could not take the DWC-1 form, but they kindly accepted the CIGNA employee health insurance (which CIGNA had to fax to them, since I couldn’t find the card).  I got lost going to that doctor’s office, then lost again going home waiting for CIGNA to fax them the card, and disoriented on return.  Defense likes to say that doctor said I wasn’t dizzy, disoriented or confused.  D’oh!  The office is less than 5 miles from home, in rural Yucca Valley.

I had already called the EAP – Employee Assistance Program — because I was so confused, couldn’t think, and was having trouble talking, and my words were slurring.  I haven’t had a drink or drug in over 28 years.  People said I sounded drunk.  Not a good sign.  EAP connected me with a clinical psychologist who referred me to a local neurologist (who refused to see me since it was work comp, at a scheduled appointment; his office perjured and said I failed to appear for appointment; I begged for help or at least a referral when they turned me away.

Webinar Ninja  Draft one  SURVIVING WORK COMP

Turns out, they were actually on what I later learned to be an MPN list…)  The rest of the blogs (https://askaboutworkerscompgravytrains.com/list-of-posts/ has the rest of the details; perhaps a law school may find it of interest; real lawyers don’t give a hoot, nor, apparently, do WorkComp Judges, complicit in the terrors I have experienced as a member of America’s Working Class, injured being a team player, kicked to the curb by the PROFITS BEFORE LIVES CROWD.

As many of you know, I am currently enrolled in the Coastline Community College State run ACQUIRED BRAIN INJURY PROGRAM.  It is a one to two year program, and it helping me tremendously, in learning compensatory skills, and in ‘resocialization’ — being in a community with other brain injury survivors is remarkable, and yes, we compare notes on the chicanery of the legal and insurance psychopaths—the stories are all quite similar.  We do need Nuremberg type trials, and this time, include the lawyers and their ilk.

I am learning a new software to compensate for cognitive impairments…. including loss of working memory…. I haven’t quite figured out how to get the images out of the software into the blog, so I have resorted to copy and paste.  I think you can see the big picture of what I am currently dealing with.  Future blogs may have better presentation, as I am currently studying how this software can make up for my loss of working memory.  It really helps me to see the ‘big picture’ again.

HOW IS THIS LEGAL? DENIALS ALL APPEAR BASED ON FELONY FRAUD AND QME/AME FALSE REPORTS AND WORSE
HOW IS THIS LEGAL? DENIALS ALL APPEAR BASED ON FELONY FRAUD AND QME/AME FALSE REPORTS AND WORSE

We are also learning about learning styles, and how our brain injuries impact our need to focus on strategies to be more “concrete sequential” in our new approach to life.  This software, with several other apps and devices, serves as cognitive aids.

My progress seems measurable, substantiated by the increase in blog views since June 2013…

Capture STATS  AS OF 7 24 2015  911 AM PDT

Bottom line, it’s just more dreadful fraud and legal chicanery.  I could just spit at the vileness of it all.  Anyway, If you have any suggestions on how to best approach the Judge.  I don’t really believe I can be compelled to participate in felony fraud in an ongoing workers compensation scam by  the defense firm and insurance carrier representing my employer, Wyndham Worldwide.

As many of you know, the medical care I have received, I have had to pay for myself, now exceeding over $43,000.  CNA refused to pay TTD benefits in 2012, shifted the cost burden to the State, then finally paid the State back in 2014, at a dramatic discount.  They said it’s legal because EDD “negotiated” a $49k payback to $31,000 payback.  I don’t think the State Controller knows, but lawyers and EDD tell me it “happens all the time.”  As a consequence, instead of “104 weeks of TTD” payable by Work Comp Carrier, followed by ” up to 52 weeks of State Disability” I got cheated out not only medical care that would have possibly facilitated return to work, but I had no income for months and months and months (translation; had to rely on Salvation Army for help!) but I got cheated out of the EDD “up to 52 weeks” and those funds went back to CNA for bottom line profits.

 

Capture ORDER TO COMPEL 1

.  .Capture ORDER TO COMPEL 2

It’s a brain storming tool, and helps compensate for impaired loss of working memory.

It’s a little embarrassing that I cannot figure out how to ‘export’ or ‘transfer’ this info as the software is designed to, but it does serve as an example of my creative work-arounds and compensatory strategies.   The outline text is below.

 

Remember, in my pre-brain-injury life, I was a Database Queen, I served years ago as an Executive Assistant to some serious Captains of Global Industries, and it took smarts and serious speed and cognitive functions to keep them organized, and my work included intense logistics, keeping them on meeting schedules, to private planes, yachts and limos, political events and more.  

So, when I read some of the fraudulent statements of some well paid insurance industry doctors, you might imagine how I could just spit at the audacity of these little thugs.  One government agent, as I told some of the tales of the corrupution and horrors I have been exposed to, asked, “How can they sleep at night?”  I said, “Psychopaths have no sleep problems.”

 

ORDER TO COMPEL  LIST

As many of you also know, I lost professional credentials due to the untreated brain injury.  I lost my Hawaii Real Estate Sales License, California Real Estate Broker’s license, and California Notary Commission.  While I have not hope to be able to restore my Hawaii license, I was able this year to reinstate my California Real Estate Broker’s license, and just yesterday, I took my Oath for my California Notary Commission.   Yes, I take my Oaths seriously, always have, always will:

“I, Linda Ayres, do solemnly affirm that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

OATH BEFORE ORDERS

 

Remember remember also….  All Nuclear Reactors Leak All of the Time

“Have a wonderful radioactive weekend and don’t forget to Dodge the Rads, it’s dangerous out there!”

WE ARE THE MEDIA NOW (2)

Where are you going on your next vacation? Timeshare? Ask about how they treat their InjuredWorkers?

FEEL GOOD!  VACATION MORE NOW!
Where are you going on your next vacation?
FUKUSHIMA PROFITS BEFORE LIVES
Ask how your timeshare resort or local stationary nuclear weapons facility treats #InjuredWorkers?
Please send me a pretty postcard!
Linda Ayres, In Pro Per
#WorkComp & #TBI Survivor since 1/9/12
PO Box 835, Yucca Valley, CA 92286
~~~~~~~~~~~~~~~~~
LinkedIn https://www.linkedin.com/in/lindaayres311 & 
rock paper scissors
Here is a letter to ‘Fred, The Adjuster & Other Stakeholderss’

Dear Fred:

May I suggest that the Grancell partners, with your lead, Fred, review this case and consider sending the neuro and psych evaluations to a third party for evaluation of fraud, and failures to provide medically necessary treatment as repeatedly requested since 1/9/12.  Copies should likely be sent to the District Attorney, and we can leave that to Shane Riedman?  Bruce Leckart’s office might be a good place to start.  He is a LinkedIn connection for me and Norin (and I spoke to his office last year, and have been invited to call again with all this new life-threatening krap.)

Attached is the progress report of 1/19/15 with requests for authorization from Dr. Hilda Chalgujian.  [not on blog copy; available upon request; no secrets]

Obviously, by yesterday’s US postal service mail, I see the bad faith actions promoted by Grancell continue, and have apparently contributed to your failure to keep your word and send PD advance money, or to advise me of any delay.  Mean.  I hate mean.  Being mean to disabled people is just …. inhumane.

PS, by copy to Wyndham Leave Support, the accommodations I am now requesting since we never engaged in interactive process, necessary  since October 2012,  am hereby requesting extension of leave of absence to complete one year at Coastline Community College – Acquired Brain Injury Program in Newport Beach, which, ideally, will be completed on or before December 1, 2015, at which time I hope to be able to return to work.

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

At your demand, I spent the $450 to reinstate my lost California Real Estate Broker’s license, and I willl work on getting a new California Notary license in the interim.  I have no hope to regain my lost Hawaii real estate license, due to failures of the Wyndham WorkComp program, which is an epic fail, causing permanent brain damage to me.  Remember remember…. Dr. Kang, the first neurosychologist I was evaluated by, recommended immediate speech therapy with cognitive remediation, and suggested return to work would happen shortly after that.  WHY DIDN’T CNA PROVIDE IMMEDIATE CARE THAT COULD HAVE SAVED MY BRAIN FUNCTIONS. WHY DID WYNDHAM HR AND RISK MANAGEMENT FAIL TO INTERVENE WITH THE WRONG DOINGS OF THEIR VENDORS???   HEINOUS CRIMES OF THE “PROFITS BEFORE LIVES” CROWDS.   The law of karma will prevail.

As we discussed, I am willing to consider mediation after this current Coastline session, and before the Summer session, if Grancell has any interest in settlement. Apparently, they do not.   Apparently Kim Mall is back in the picture, with her pretenses and file churning.  Yech!

Life with TBI is so

I told the Judge I wouldn’t be back to his Court (after my ADA rights were violated again there!)  till I found an agency to deal with the allegations of fraud, and my files are building.  I haven’t found such an agency yet, and some Super Lawyers have told me it doesn’t matter if have video of fraud being committed to deny medical care; can’t make it stick. WorkComp fraud is too big of a racket.  Yeah, maybe.  One person and God constitutes an Army, so might be a standoff.  Remember David and that Giant!

I was shocked that the Petition received yesterday from Grancell for yet another neuro psych eval was not delivered to me electronically, in compliance with ADA repeated requests, and was delivered by hand to the WCAB Court, to take unfair advantage, as is the pattern of practice.  Remember, CNA couldn’t find a neuro-psych in 3 years, what’s changed?   I had to find all the brain doctor help I got.  I had to pay for most of it.

The bulk of evaluations and recommendations were just profits for the evaluating doctors, and billable lawyer time.  How many times and ways does Grancell think it takes to verify a brain injury.  Daniel Elliott was told on the phone in January 2012, while I was in session with Dr. Daniel DeGoede, of the possible severe extent of injuries and the urgencies for immediate care.  How did Daniel respond?  By the PlayBook?  ‘Upon verified diagnosis of brain injury, terminate benefits and do all things possible to maim, torture and hopefully kill injured worker, with or without delays.’  ???

wc workers-comp-fraud  if your company lies

CHECK THE EVALUATIONS, RECOMMENDATIONS OVER THE PAST 3 YEARS, AND COMPARE TO ACTUAL TREATMENT, COUNTING OR NOT COUNTING WHAT I HAVE SELF-PROCURED.  ACOEM, MTUS, NIH GUIDELINES WERE NOT FOLLOWED, AND IF THIS WASN’T AMERICA, SOME PEOPLE MIGHT BE ARRESTED FOR HAS BEEN DONE TO ME, AND TO OTHERS LIKE ME.

That would include reports of neurologists ( (noting that your first alleged ‘mpn’ neurologist, Esmail Sebti, refused to see me when I appeared for appointment organized through EAP clinical psychologist, Dr. Daniel DeGoede, found through the CIGNA EAP program, as there never has been “proper notice” of the MPN process and network, as Ms. Mall repeatedly mis-states in her threats to various doctors. Dr. Sebti’s office perjured when they indicated I did not appear.)

NEUROLOGISTS – 

Dr. Stephen R. Walman, Dr. Bijan Zardouz, Dr. Ronald N Kent, Dr. Michael Lobatz, Dr. Seymour Young, Dr. Jay Jurkowitz

Brain Injury Interdisciplinary Team Members (Scripps, summer 2014, after 1/9/12 injury; time was of the essence, duration at SCRIPPs was requested for 3-6 MONTHS, got 16 days, with extend of 8 days; not in compliance with ACOEM, NIH OR MTUS, huh? By not allowing me to complete that program, that was a waste of $50,000+ of somebody’s money.  COASTLINE is approximately $400 a SEMESTER! d’OH.

SCRIPPS – Dr. Michael J. Lobatz, Neurologist; Jessica Martinez, Case Manager, OTR/L, HTC, PAM; Kelly Owen, MA, CCC-SLP; Rebecca Askew, MPT; Margaret Fuller, MA, OT/L.

Coastline Acquired Brain Injury Program Consulting Psychologist is Dr. James Pasino.   website: coastline.edu  (report pending)

JAUDY TREATMENT CENTER – Dr. Gilbert Jaudy – Functional Neurology Practice

PSYCHOLOGISTS/NEUROPSYCHOLOGISTS/PSYCHIATRIST/CLINICAL PSYCHOLOGISTS

Dr. Hilda Chalgujian, current PTP  NeuroPsychologist ( since Dr. Bergey, former PTP, has withdrawn from the case and is no longer willing to attempt to facilitate treatment, as repeatedly attempted for nearly 2 years.)

Dr. Marcel Ponton, QME and Psychologist (unsure if he is a neuro-psychologist, he was former PTP, and tests were done by associate Dr. Gunn, and 4 talk-therapy session with his associate Dr. Chung.  Terminated after threat from Ms. Mall on false allegations that she had not received his reports, and even with several proofs of service, she repeatedly omitted his records, skewing reports of AME/QME doctors, and causing substantial billable hours for file churning and Court time, well documented; check EAMS for the last one.)

Dr. Daniel DeGoede, referred by Wyndham Worldwide EAP program for extreme confusion after the injury of 1/9/12.

Dr. Eileen Kang, Neuropsychologist, referred by Dr. DeGoede and authorized by Daniel Elliott.

As I indicated, I have found my voice in social media, and if Grancell chooses to represent Wyndham and CNA in such a manner that I continue blogging to expose the horrors I have endured, and continue to endure at the hands of all parties of this WorkComp fiasco, so be it.  We can do this for years.  It may have to be chalked up to “vocational rehab” that has also been denied.

I have also applied for a MENSA scholarship to help with the ABI Program expenses, and other financial aid.

By the way, radiation levels are up all over the Coast…. shhhhhhhhh……. ‘forgotten meters measure no radiation’….ask a physicist! Let me know if you want more facts on that.  Friends don’t let Friends Stay Ignorant; #ELE Alerts still in progress

honey-are-you-going-to-work-today-in-the-forbidden-zone-fukushima?

http://askaboutfukushimanow.com/2014/08/24/honey-are-you-going-to-work-today-in-the-forbidden-zone-fukushima/

image

San DIEgo moves decisively into the 500 Rad cateGory with a 506 cpm reading….not a good sign.

encourage others

So, it’s a challenge whether or not I really want to fight so hard to get back to Coastline vs. sheltering in place, and limiting rad exposure, for what that’s worth these days.   Wyndham won’t let me return to work because I didn’t get the medically necessary treatment, and CNA won’t authorize medically necessary treatment, so it’s back to that ‘circle jerk’ thing.  CNA stopped paying TTD 5/8/14, and did not pay the 104 weeks, but through funny accounting, got away with it, and apparently, it was ‘legal’ even though morally reprehensible.

Please note from Dr. Hilda Chalgujian’s report:

Dr Hilda Chalgujian exerpt from 1 19 2015 progress report

Attached also is a response to me from the US Department of Labor — Office of Workers’ Compensation Programs dated 12/31/14.  (posted earlier on Twitter)

Please note that the LTD provider’s IME evaluations of 11/8/14 and 1/2/15 resulted in ‘medical certification through December 1, 2015.’    I’m going to Coastline to get as much care and information as can so that eventually I can reconstruct some sort of life, which includes but is not limited to ensuring that crooked doctors and lawyers are slowed down from killing people like me, and My Fellow Americans.

As you know, I will be at Coastline Acquired Brain Injury program starting tomorrow, through May 31, 2015, assuming funds clear.  I have also initiated a fund raising campaign to help sustain me since Wyndham and CNA have failed me miserably, and have caused permanent brain damage in the process.  The neuro-psychological battery of tests report from Coastline in October 2014 will be available soon.  This is a State Funded program, and their funding relies, in part, on showing measurable improvements of the small, select group of brain injured people.  I am fortunate to have found them, and although Daniel Elliott, CNA former adjuster, refused to even investigate it let alone authorize it in May of 2014, violating the legal requirements again to have been proactive in facilitating medical care.

It seems to me that the defense firm is continuing churning of files, with apparent hope to provoke me to file the FEHA claim due to the continued refusals of Wyndham, apparently at the direction of Grancell-Novato, to refuse to engage in interactive process for return to work.  Professional intervention for the interactive process was paid for in the brief treatment in the summer of 2014 at the Scripps Brain Injury Day Treatment program.  Why Wyndham refused to engage is a mystery to SCRIPPS and to all my acquaintances in the “industry” as it subjects Wyndham to a lawsuit that could create legal fees in excess of $700,000, I am told.  I suppose there is hope by Grancell that they will be retained to defend such a claim?  Is that double-dipping?

As you know, I am expecting from you an advance on permanent disability funds so that I can resume treatment at the State Funded program for cognitive rehabilitation at Coastline Community College – Acquired Brain Injury Program.  I had hoped to receive the funds prior to departure for Newport Beach.  I did not receive anything further from you.

I am grateful that Wyndham Worldwide has authorized travel vouchers to reduce the costs for my stay while attending the Mon-Thu, 8:30 am – 12:30 pm program.  The hotel is nearby, and because I stayed there, again, at my own cost because of the continued failures by CNA to provide medically necessary treatments, I can’t just lay down and die, as the carrier and defense may wish me to do.

Here is an excerpt from Dr. Bergey’s final report, and they cancelled my scheduled appointment for January 9, 2015 because of the MMI-Orthopedic determination, and, as was known when Dr. Bergey was designated at PTP by Kimberly Mall of Grancell and Valerie James of WCAB – Info and Officer during a hearing in which I was not allowed to be seen or heard by a Judge until they had sufficiently emotionally battered me to agree to another Orthopedic Surgeon to “coordinate treatment”.

excerpt Dr Darren Bergey Report 12 19 2014

I’m get tired of trying to convey the vile situation I have been exposed to, like right now tire.  They call it COGNITIVE FATIGUE.  I gotta finish and send this, without edits.

I have to pack to get to Coastline, and I don’t want to fuss with Kim Mall or Stewart Reubens.  I consider them both to be pure enemies of humanity, and pathetically polite in their attempts to appear human. I nearly spit when I saw her “respectful’ and snakey appeal to the Judge.

I will be happy to consider mediation in June.  I will not be happy if you continue to f—k with this final attempt to get some help at Coastline so I can resume life, in some manner.

So, if you’re sending me the money you promised, please do so, and if you can wire it, all the better.  I will have limited email access and no snail mail access.

I will be forwarding the medical bills that arrived in December for your payment, as that slip and fall was also clearly a consequence of cognitive impairements.

I’m sorry I feel like you tricked me again.  It’s so ugly, but when I saw Kim’s signature, I know what to prepare for.

I don’t want to fool with any of you while I’m at Coastline.  I will if I must, be assured of that.

Sincerely,

Linda Ayres, In Pro Per

wynLINDA@gmail.com

reolinda@aol.com

lindaayres@aol.com

Capture LinkedIn Premium

PS  Y’all on LinkedIn?   I LOVE LINKED IN!!!  YOU SHOULD TOO!  I’m #3 out of all the rankings of Wyndham Worldwide members this week again…. it fluctuates in the top ten…sweet.  There ARE good people at Wyndham, just unempowered.  It’s nice to see a few of you viewing my profile from time to time.  Be sure to see my posts…. afterall, WE ARE THE MEDIA NOW…..    

oH YEAH, be sure to mark your calendars for February 10 @ 2pm est for #workcompchat on Twitter.  

#TTFN

nuclear criminal law

PROOF OF SERVICE

RE:   LINDA AYRES V. WYNDHAM WORLDWIDE ET AL

WCAB CASE NO. ADJ8181903  CNA E3269102WE

STATE OF CALIFORNIA     COUNTY OF SAN BERNARDINO

RE:     Linda Ayres vs. Wyndham Worldwide et al  ADJ8181903 / E3269102

Are We, the People, Witnessing THE DEATH OF A NATION?

LI  Timeshare Professionals

ASK ABOUT WORKERS COMP GRAVY TRAINS NOW

https://askaboutworkerscompgravytrains.com/list-of-posts

Better ask more questions about #Fukushima now, too…

http://askaboutfukushimanow.com/list-of-posts/

ALL NUCLEAR REACTORS LEAK ALL OF THE TIME

http://allreactorsleakallofthetime.com/

#RadsUp  #DodgeThoseIsotopes

#ShelterInPlace  #StayOuttaTheStreets

THINK LOCALLY * ACT GLOBALLY *OCCUPY VIRTUALLY

lucy charlie brown voting

WE ARE THE MEDIA NOW

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

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

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

flag distress signal

WorkComp Law….and Atrocities…

AS THE FILE CHURNS, Wyndham Sleeps and CNA asks IW:

“…when ARE you going to die?”

Primary Treating Physician for Ayres vs. Wyndham et al is an Orthopedic Surgeon designated as PTP for BRAIN INJURY CASE, because the alleged MPN Network of CNA is apparently losing swathes of doctors for non-payment and ridiculous handling of claims, they have no brain injury experts and damages caused by CNA by refusals to provide medically necessary treatments.

CNA now relies heavily on Corvel Corporation orthopedic surgeons and clinical psychologists to deny brain injury care based on false and incomplete medical evidence, and lack of expertise  in the brain department.  People complain about that Maximus IMR Gang?  …..Corvel says, ‘let them all eat cake!’ as their nurses and sonders churn out denials like they were going out of business.  The Corvel ‘doctors’ seem to have fangs in the Social Security denial system too?

Most of the CNA leased/owned independent doctors don’t even know that the brain is a body part located in the head, and one of their neurologists says ‘take an over the counter analgesic’ and their other neurologist says, ‘Look, you didn’t get any medical care the first two years, you’re already over 35, nothing will help you now.  Go for a walk, get skinny, use the neuro-optometric theraputic lenses they wouldn’t pay for, but you did, and stop whining about vision and auditory impairments.’

Some real doctors just walk away from the #WorkComp Scams, some stay in it, slugging it out on behalf of injured workers, and others just ride the Dinner Car of the #WorkCompGravy Trains.

Nearly every single request for expert treatment for brain injury by the PTPs have been denied, first by non-doctors, Kim Mall, Attorney for Grancell, then by Daniel Elliott, Adjuster for CNA aka American Casualty.  Remember remember, Wyndham Worldwide had (and probably still has) no standard practice for injured workers other than handing them an incomplete DWC-1 form with a shrug and “See any doctor that accepts work comp insurance” with the ‘time-share-salute’.

Slow forward:

Ortho Report Oct 2014

Ortho report October 2014  2 of 2

COASTLINE ACQUIRED BRAIN INJURY PROGRAM  NEWPORT BEACH —http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/

COASTLINE FOUNDATION http://www.coastline.edu/community/foundation/

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

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

 

The Evaluation [QME]  by Dr. Jeffrey Holmes, Orthopedic Surgeon, has been aborted again, and to be rescheduled in December, after spending nearly 70 minutes at the appointed time, confirming medical records and sorting through confusion.  It was a pleasure to meet Dr. Holmes and his kind and gracious staff.  Harvard men can have manners, yes?

As injured worker was quite clear that the good doctor was being invited by Defense to participate in an on-going fraudulent denial of medical treatment scam, and that he deserved to have all the facts so that he could make a legitimate evaluation of the right shoulder injury and other orthopedic challenges.

2012 medical records and 2012 attempt to coerce premature settlement by Defense clearly referenced right shoulder injury, and current hard-fought for Acupuncture has been for the ‘right shoulder only’ and they tried to tell the acupuncturist treatments were not to be used on the brain.  D’oh!

(Acupuncture is a whole-body system of treatment, most helpful to some brain injured patients.) The Defense postion letter started out with lies, that just got more egregious, and current defense counsel stated he saw no reason to change anything in Kim’s letter.  Birds of Feather poop together?

Current PTP was successful in getting 6 physical therapy sessions authorized in Spring 2013, for a Winter 2012 injury. Then an MRI in Summer 2013 of the shoulder was authorized, determining a need for surgery and a severe shoulder rotator cuff tear.  It took a Court Order to get appointments scheduled for Physical Therapy and Acupuncture in 2013. Is that right use of Judge’s time?

Defense attorney Kim Mall (Grancell-Corona) then indicated that the adjuster was wrong, there would be no further evaluation because it was not an accepted body part.  She did not want to hear that the adjuster was trying to do the right thing.  She squashed it, and no doubt billed on.

 

Work Comp  TBI Wyndham and YOU

Several days in front of a WorkComp Riverside Judge, to deal with issues of omissions of medical records—more than 300 pages left out for 3 doctor reports, so those doctors relied on instruction from the defense, based on their egregiously flawed reports, QME/AME/and 2nd Consult.

 

Conveniently, those industry leased/owned doctors moved the reported date of injury on some reports a year forward, to 2013, using medical evidence of 2012 to ‘support’ fraudulent claims of ‘pre-existing’ symptoms such as dysfluent speech, impaired cognitive abilities, inability to recognize people, auditory and visual processing….. One made a correction to the date when confronted, but not to the false opinings, or his meds were off too.

wpid-img_20141113_185828.jpg

No worries, WorkComp Courts REFUSE TO HEAR COMPLAINTS ABOUT ATTORNEY/PROVIDER FRAUD, AND SO DOES THE COMMISSION IN CALIFORNIA.  DISTRICT ATTORNEY IS TOO BUSY? CAAA suggests injured worker keeps on looking for a competent legal firm to represent.

DEFENSE FIRM REFUSES TO MEDIATTE, SAYS THE CASE IS “not ripe”… (i.e. Injured worker is still breathing???)

DEFENSE FIRM REFUSES TO PROPERLY PROCESS MEDICAL EXPENSES REIMBURSEMENT REQUESTS FOR NEARLY $30,000, AND INSURANCE CARRIER IS AWARDED $16,000 BONUS BY STATE OF CALIFORNIA – EDD — APPARENTLY OUT OF GENERAL TAXPAYER FUNDS…FOR REFUSAL BY CARRIER TO PAY TEMPORARY TOTAL DISABILITY BENEFITS IN YEAR 1 AND 2 OF INJURY…. Perhaps the WorkComp AUDIT UNIT will do their job and suprise all stakeholders with fines and penalties.

THE INJURED WORKER HAS NOT YET RETURNED TO WORK…. WYNDHAM CONTINUES TO REFUSE TO PARTICIPATE IN THE INTERACTIVE PROCESSES OF #FEHA, AND THE DEFENSE FIRM CONTINUES TO OBFUSCATE TRUTH…SENDING QME DOCTORS BUNDLES OF DISORGANIZED FILES, THAT SEVERAL HAVE BILLED 7-8 HOURS TO “organize” prior to review, and generally, those doctors just have their “staff” write a report following guidelines of defense counsel, fraudulent misrepresentations and all.

These doctors are not apparently accustomed to an injured worker fighting for survival without a lawyer—two threatend to sue for ‘harassment’ when omitted records were properly served with requests for supplement reports reflecting further medical evidence.  Several Court hours were wasted (but billed by Defense firm?.)…. to sort out the missing records.

The file was pulled from Kim Mall, and given to Stewart Reubens, in Grancell-Novato office.  Stewart doesn’t like to read.  His office must be full of rubber stamps?

wc CLAIM DENIED

Date of injury was 1/9/12, despite repeated requests for a brain injury experts—a Physicist, a Neurologist with Brain Injury Expertise, A Neuro-Psychologist, to manage an INTERDISCIPLINARY TEAM OF EXPERTS — Speech Therapy with Cognitive Remediation, Occupational Therapy, Neuro-Vision Therapy, Physical Therapy — TO TREAT A TRAUMATIC BRAIN INJURY CAUSED BY A WITNESSED SLIP AND FALL BACKWARDS AT THE WORLDMARK BY WYNDHM BIG BEAR RESORT ON 1/9/12…..

What can break the impact of a fall backwards besides the SKULL?   See picture for help with that question.  Hint: THE SKULL.  2ND HINT: Where is the brain located?

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

Evaluations Evaluations Evaluations…. and #WorkComp Defense now wants MORE EVALUATIONS?!!! For how many more years??

The recent Ortho Eval was aborted again, due to file obfuscation by Defense Firm, to be rescheduled.

While Grancell refuses to honor ADA request for electronic communications, it seems that Stewart sent a letter recently requesting yet another neuro-psychologist evaluation (after DIR told him NO once more) and he is apparently clue-less that such testing cannot be done more often than every 7-9 months, or ‘practice effect’ renders the results bastardized.  Or, maybe he does know that, as he knows such a battery of tests was done again in October 2014.   All results point to a traumatic brain injury, with requests for treatment.

Even the Grancell leased Forensic Psychiatrist wrote, ‘If there was evidence of a concussion from a slip and fall, injured worker would certainly be entitled to medical treatment….but there was not fall, no concussion, and it was probably just an epilepsy attack.”  D’oh! Doc off his meds that day?

Forensic Psychiatrist wrote 3 supplemental reports at the request of Grancell’s Kim Mall, each one more outrageous and egregiously fraudulent than the prior, until they decided to put the reports on the ‘do not regurgitate in summary’ instructions, and also asked to have the name and report dates removed from the Medical Index.  Invoking the 5th amendment might have been more efficient?  (He also suggested that if IW has civil rights complaints, she take it to The Hague.  He provided the direct line for the local DA to facilitate further complaints….THAT’S SCARY THAT HE HAD THAT NUMBER SO HANDY, HUH?  d’OH!  He refused to believe complaints had already been filed.)

'CHURN THAT BILL BABY

“I hear we are already 200k over our estimate—that’s Team DLA Piper!” wrote then-DLA Piper partner Erich P. Eisenegger in one email.

After another lawyer responded, noting that an attorney colleague, whose first name is Vince, had been added to the group working on the bankruptcy matter, then-DLA Piper attorney Christopher Thomson added his thoughts: “Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode,” wrote Thomson. “That bill shall know no limits.”

“Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode,” wrote Thomson. “That bill shall know no limits.”

See entire artire ABA Journal article here:  http://www.abajournal.com/news/article/sued_by_dla_piper_for_675k_ex-client_discovers_lighthearted_churn_that_bill/

SEE MORE, IF YOU READ:

Courtroom Avenger

 

wpid-img_20141113_185828.jpgLife with TBI is so

WorkComp Wassup America  Nov 2014

WC DOCTORS

 

linda-ayres_profile_qr

PS “I have a confession” by a Timeshare Sales Executive (TBI Survivor!)

PERSONAL NOTE……PS I have a confession…..

Approximately 1,000-Day-WorkComp ‘Headache’

(Thanks Wyndham Worldwide! I counted on you to respect the laws of the land and of common decency and provide medically necessary treatment to help me return to work!)

On 1/9/12, I slipped on ice and conked my head really hard while working for ‪#‎WyndhamWorldwide‬, at the‪#‎WorldMark‬ by Wyndham Big Bear California resort. I did tell a few of you, and even asked you to keep an eye on my posts to see if I moved too far off-center…..No complaints, so that’s a good thing!

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

Funny Timeshare Recruitment Video….kids say the darndest things:

(38 seconds)

Here’s a 12:25 minute video for those unfamiliar with a….

‘Good Old Timeshare Presentation’

(caution: contains some profanity)

Filed: TIMESHARE INDUSTRY HUMOR.

einstein concussion

A friend, a retired nurse,  helped me organize the sequence of events into a “just the facts” summary, without the emotional charge, and that’s in this blog:

….ASK AN INJURED WORKER: 

(All the doctors seen are listed…. all but 3 (QME/AME doctors) recommended further immediate specialty evaluations and medically necessary treatments; it’s been nearly 1,000 days.   The “3” suggested that since I am over the age of 35, and since no medically necessary brain injury care was provided in the first two years, none is necessary now.

They suggested that by going to all the scheduled doctors appointments, in a brain dazed and confused state, that I was “doctor shopping” when in fact, I innocently went to each appointment thinking that finally the next one would be the one to “help me’.

definition of Insanity:  DOING THE SAME THING OVER AND OVER AND OVER AGAIN, EXPECTING DIFFERENT RESULTS.  I was sent to over 30 doctors; still waiting for medically necessary recommended treatments.

19006204-occipital-lobe--female-brain-anatomy-lateral-view

When questioned, one changed his report to say that ‘due to my age, progress would be slow’; two suggested over the counter analgesics as the only ‘treatment’ and the third, when questioned, wrote 3 more supplemental reports of increasingly bizarre opinings, based on no medical evidence and pure fabrications of distortion of facts, then finally requested that he be removed from the case.  Failing that, he requested that his reports be removed from the medical index and not summarized in writing by subsequent evaluators….

An apparent violation of Article XIV of the California State Constitution, to have the medical records CONSIDERED BUT NOT SUMMARIZED, held secret…. due to the ‘fragile and angry condition’ of this injured worker after nearly 1,000 days of delays denials, deceptions and worse, all meeting the Department of Insurance definitions of fraud—with intent to continue to deny medical treatments…is pretty suspicious.  Invoking the US Constitution Fifth Amendment might have been a smarter tactic for them.

The three skewed dates of injuries and skewed symptoms and evaluations by first round of doctors as if they happened prior to the slip and fall on ice of 1/9/12, and built their false assumptions on said false statements.  No remorse or willingness to correct the errors of their ‘well trained staff’ that created the reports signed by the doctors in question.

[Note, PTP, primary treating doctor of April 2012 indicated that tests results showed the injured worker to be compliant and friendly, but tearful at times and  ‘suspicious’ and added that ‘this could be the result of the negative carrier experience’ [re failures to provide medically necessary treatments from day one. That doctor had a nice ‘treatment plan’ that was never implemented.

…..His fancy office with a nice view in South Pasadena was a 3 hour drive from injured worker’s home. He had a nice Mont Blanc pen and wrote his session notes directly into his computer. His initial report in violation of HIPPA, was sent to everybody seen to date by the attorney that went to Court to have him designated as the PTP….even the acupuncturist and copy service received copies. Hmph.  The WorkComp Information and Assistance officer suggested the injured worker should have kept better control of legal counsel…. D’oh]

By April 2013, an AME doctor had a different take and he couldn’t even connect the dots to any of the facts of the case, from date of injury, to sequence of doctors seen, denied medical care, and the defense pattern and practice of omitting hundreds and hundreds of pages of medical evidence to ensure continued denied medical care.  In fact, the apparent coaching of this particular doctor by the defense counsel would be of interest to a legitimate fraud investigator.

That report has been used as a major weapon by defense to deny medical treatment since then, in spite of the objections and clearly identified errors, flaws and mis-statements throughout each of the 4 reports, for which the charges were close to $10,000.  Paid? Who knows.  They have been disappeared from the Medical Index by the Defense Counsel.  We’ll see if the new firm lawyer of the same defense firm, different location,  makes the necessary corrections.

ie.  This crowd suggested that the EAP referral center referred to a Clinical Psychologist and a Neuropsychologist who referred to another Neuropsychologist and a Speech Therapist because of a state of severe confusion, impaired speech, and ‘inability to put a sentence together, which was not authorized, and then a probably ‘epileptic seizure’ took place….

(WITH TOTAL DISREGARD OF THE FACTS IN THE MEDICAL RECORDS, AND THE FACTS OF THE WITNESSED SLIP ON ICE, FALLING BACKWARDS, CONKING THE BACK OF THE HEAD, TAKING MINUTES TO GET UP OFF THE GROUND, WITH ASSISTANCE)

…..attempting to fabricate a case that there was no slip and fall and head trauma at work, but that it had happened in 1993 or 2008, and that the TBI symptoms have been ongoing since 1993 or 2008, without any medical evidence for the allegations nor medical treatments.  D’oh!

See next picture….”If your company lies….aboutyour accident occurring at work, your company has committed fraud.”

wc workers-comp-fraud  if your company lies

No worries for the bad guys and gals; there is apparently no fraud enforcement in California, and most ‘Super Lawyers’ accept it as a standard practice of WorkComp Law.  They have a “prove it” mentality, and they, too, refuse to look at clear evidence.   What’s an injured worker to do!

WC Summary via Lucy Occupy on Twitter

 

********************************************************
There’s more in this blog: ‪#‎WorkCompFraud‬? 888 Days….. ‪#‎TBI‬ Injured Worker Still on the ‘Rest and Wait’ Program…. ‪#‎ADJ8181903‬ http://t.co/aRzrMzUifC
*******************************************************

AFFIRMATION:

“EVERY DAY IN EVERY WAY, I AM GETTING BETTER AND BETTER.”

tbi and ice

CONFESSION:

On the date of the fall, the manager told me to work my full shift (selling dream vacations) and then the other manager told me to “see any doctor that accepts‪ #‎workers‬ compensation insurance”. I did as instructed, and also called the Employee Assistance Program, because I was so desperately ‘dazed and confused’. On 2/4/12 I lost consciousness at home and conked my head twice more, “second impact” is not a good thing. The brain does not appreciate it.

I knew enough about brain injury not to go to sleep once I regained consciousness, so I wrote a letter to the Wyndham HR manager telling her if I die because of this, I hope my family sues the hell out of them for denying medical care.  She wrote back and eventually told me legal department told her not to communicate with me. D’oh. Transparent cover-up strategy.

Then, I posted some ‪#‎Fukushima‬ posts, since the local hospital is also known to …. provide less than humane medical care, so I didn’t know if those would be my last posts to you all, so I wanted to be sure you had as much information and as many links on #Fukushima that I could get to you before heading to the ER to find out more about the loss of consciousness that results in further injuries, apparently, including a right rotator cuff tear. http://askaboutfukushimanow.com/

While I took medical paperwork regarding the TBI/Concussion, they kept saying, “Do you feel safe at home?” because I had a black-eye, too. Slow to think, I thought, “well, I just lost consciousness and conked my head again, and was out about 20 minutes or so the second time, and I live on 5 acres, and this hospital scares me because I have heard terrible stories about it….but I didn’t want to risk the 40 mile drive to a real hospital…. and I thought about feeding the bunnies and road runners etc.” then I just said, “yes”.

I asked one doctor, “OMG, what I do if I don’t get all my marbles back?” He said, “Well, you could assemble widgets perhaps.” I grimaced and said, “I LIVE IN RURAL AMERICA. THERE ARE NO WIDGET ASSEMBLY JOBS HERE.”

Fortunately, for me, the part of my brain that can type was less impacted. I didn’t leave the house for nearly 2 years, so I had plenty of time to research and post and repost and repost and repost to you, creating and participating in various groups and pages, and learning to blog and Tweet and Pin etc. FB has been THERAPUTIC, AND MUCH LIKE ASSEMBLING WIDGETS.

Other friends have said things like, “With your missing marbles, you still have plenty more than most.” Others have said, “You’re a lot more fun now! Less intense!” Others have said, “never tell anybody you have a brain injury, it comes with a stigma”…. D’oh!!! I can pretend with the best of them….for just so long, and then I get looks like, “OMG, did she just say that out loud??” What I have learned in FB TBI support groups, and one and one with friends, the symptoms of TBI are what they are, and most people muddle through compensatory actions….. so, we all have a brain, and with the advances in neuro-sciences, we get to discover new ways to use them.teach thinking

I have made some good virtual friends in this Journey, Fukushima 3/10/11  then Traumatic Brain Injury via a witnessed slip and fall at work 1/9/12 followed by a consequent second impact on 2/4/12.   NO MEDICALLY NECESSARY TREATMENTS AUTHORIZED; ALL SELF-PROCURED ATTEMPTS AT TREATMENT INTERRUPTED BY DEFENSE.  MORE THAN $23,500 IN UNREIMBURSED MEDICAL EXPENSES TO DATE.

The work comp crowd did mail (and charge for) several tubes of some sort of creme, a bag of some sort of dope, and a hand-held ultra sounds machine (thousand of dollars total)… with no instructions for which brain lobes to apply the creme or the ultra sounds…. and the drugs were ‘just in case’ they were needed….. they were from one of the many Orthopedic doctors, who start all exams with a urine test, whether or not you accept drugs.

The first MD seen didn’t find it odd that I got lost getting to his office, 5 miles from my home, twice, and missed turns getting back home again until the CIGNA Employee Health provider faxed over confirmation of my employee insurance coverage.

The first Orthopedic doctor didn’t find it odd that I couldn’t find the entrance door to his office, and that I entered through an employee entrance in the back of the building.  His report did not mention confusion, and was the first to translate my complaints of BRAIN INJURY into simply, “HEADACHE”…. D’oh!

Homer  Doe  Doh

In fact, in his ‘evaluation’ in January 2012, when I asked about the brain injury, he pretended to kick me in the leg and then said, “Now, if I kicked you in the leg, it would hurt but that wouldn’t mean it was injured”… THOSE FOREIGN BORN DOCTORS SURE CAN HAVE A WEIRD SENSE OF PRACTICING THE ART OF MEDICINE….. I will never forget a neurology exam, when,  as part of his vision evaluation, the doctor said “NOW LOOK AT MY BIG UGLY NOSE”….. then determined that since corrected vision is 20/20, vision complaints related to the brain injury did not exist. He suggested over the counter analgesics for the headaches.  The UCLA doctor had a similar demeanor when he said, “You know, we have one rule in this office and you have already broken it!”  I held back tears and a ‘wtf now’ thought…] while he proceeded to say, “That rule is to never get a head injury over the age of 35.  How old are you now?  It it happened two years ago? See, you already broke the rule”…. Then his grossly inaccurate report, by his own admission, was prepared by his staff, and he suggested follow up with another neurologist for headaches, nothing necessary for vision, and since no medical treatment was authorized the first two years, none is necessary now.  (He cleaned up his report a bit, and changed it to an age reference in slower recovery expected…despite denials of medical care.  He did, however, suggest prescription grade analgesics for the head injury.  HMPH.

FRIENDS DON’T LET FRIENDS STAY IGNORANT.
LET’S MAKE SOME MORE NOISE…..WORK COMP IS MAIMING AND KILLING MANY OF US….. ADD IT TO THE MIX OF OTHER DEPOPULATION EVENTS, WITH PLAUSIBLE DENIABILITY. SAME/SIMILAR ISSUES IN CANADA AND JAPAN.

WE ARE THE MEDIA NOW. WE DO NOT…FORGET.

The liars, psychopaths and criminals I have been exposed to are surpassed only by the pro-nukers in and around social media.

mon politics is

In November 2012, the then attorney attempted to coerce me to accept a settlement offer, without benefit of seeing a brain doctor, for $100,000, less his fees. I said, “Dude, I am injured, not stupid. I need to know what’s wrong with my brain and what it will take to get it fixed. I can’t “settle” anything till I have the facts. [Look for a future blog on Attorneys and WorkComp…… you won’t believe some of the stories, and what their incompetence does to harm injured workers…..]

What I have learned about #Workers Compensation will be outlined more fully in subsequent blogs. Check out some of the early ones, and if you have a story or resource, add it in the comments or send me an email. WynLINDA@gmail.com

WE ARE THE MEDIA NOW.  WE DO NOT…FORGET.

but if we do forget due to TBI

FRIENDS DON’T LET FRIENDS STAY IGNORANT

love focus solution

WE DO NOT HAVE THE RIGHT TO REMAIN SILENT. WHAT THEY HAVE DONE TO ME, I KNOW THEY HAVE DONE TO SOME OF YOU, AND EVEN MORE. LET’S SEE WHAT WE CAN DO ABOUT GETTING A CLASS ACTION SUIT MOVING….MAYBE WE CAN CONSOLIDATE EFFORTS AGAINST THE INSURANCE CRIMINALS AND THE DOCTORS OWNED/LEASED BY THEM…… BY JOINING UP WITH INJURED VETERANS IN AMERICA. THEY, TOO, ARE BEING DISPOSED OF.   CLASS ACTION REQUIRED??

WE ARE THE MEDIA NOW. LIVE LIFE IN ALL CAPS TODAY.

ALL CAPS

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

‘Linda, Lucy…’.”WHAT DIFFERENCE DOES IT MAKE” The neurologist and neuro-psychologists say that because my employer, Wyndham, and it’s agents, denied medical care for the past nearly 1,000 days, nothing much more can be done. “Embrace the New You” they say. If you will share this with your friends and neighbors, perhaps we can shine a little light on the devastation of American’s Criminal Work Comp System, and the ongoing maiming and killing of Injured Workers.

brain concussion tbi

 “Those dirty rats!”  I have spent more than $23,500 in self-procured medical care and miles to help save my life, and post to you between fights. They haven’t reimbursed it yet, either.

TAXPAYER ALERT:  The insurance company did procured an interest free/severely discounted loan from the State of California when they illegally and maliciously terminated benefits in April 2012, resumed in January 2013 and illegally and maliciously terminated benefits again, as an act of sheer financial terrorism in February 2014.  That’s a long story that was remedied by the State, but not  yet resolved.

 

SMALL ACTIONS BIG CHANGE

As we ponder on the atrocities of the American Injured Workers programs,

Let’s all take another view of the video, DEFENSE AGAINST THE PSYCHOPATHS:

https://www.youtube.com/watch?v=MgGyvxqYSbE&feature=kp

psychopaths in power know  do you

 

WE ARE THE MEDIA NOW.  CARRY ON AND ON AND ON!

#StayOuttaTheStreets!

(Ask About Fukushima Now)

WWW MMM 13

 

HERE HERE!! 

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

do no harm but take no shit either

 

Is Wyndham Worldwide Committing Workers’ Compensation Fraud in California?? ASK AN INJURED WORKER TODAY!

DRAFT TWO:  TO WHOM IT MAY CONCERN

Just the Facts, Jack and Jill!

“A WITNESSED SLIP AND FALL WITH LOSS OF CONSCIOUSNESS AT WORK….”

#WorkComp NEGLIGENCE BAD FAITH AND REFUSAL OF WYNDHAM WORLDWIDE TO PROVIDE NECESSARY MEDICAL TREATMENTS TO INJURED WORKER SINCE 1/9/2012

Forensic Psychiatrist:  “Treatment should only be provided industrially if the Finder-of-Fact finds some evidence of an industrially-related concussion injury.”  April 2013

wc workers-comp-fraud  if your company lies

OFF WORK NEARLY 1,000 DAYS…EVALUATION AFTER EVALUATION, RECOMMENDATIONS FOR TREATMENT REPEATEDLY BY MULTIPLE EVALUATING DOCTORS…IGNORED OR DENIED…NOT AUTHORIZED.

Wyndham Worldwide #WorkComp BAD FAITH DENIALS;  JUST THE FACTS!  USA SOS!!!

STILL ON THE ‘REST AND WAIT PROGRAM’, WITH REQUESTS BY DEFENSE FOR YET ANOTHER ORTHOPEDIC EVALUATION, WITH A REQUEST FOR AN ORDER TO COMPEL…. in order for defense to ‘defend’ against the demand for medically necessary treatments, denied since date of injuries.  #USA SOS!!!

Liberty face palm

Wyndham Worldwide:  http://www.wyndhamworldwide.com/  

http://www.wyndhamworldwide.com/about-wyndham-worldwide/mission-culture

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

draft 1  – June 16 2014; sent to Grancell Stander Reubens, et al,  CNA Insurance/American Casualty and Corvel Corp-Utilization Review Department, as well as Dr. Darren Bergey, Orthopedic Surgeon PTP  and Dr. Hilda Chalgujian, Neuropsycholgist.

draft 2 – June 29, 2014  …herewith:

LINDA AYRES VS. WYNDHAM WORLDWIDE   ADJ8181903    NEGLIGENCE, BAD FAITH AND REFUSAL OF EMPLOYER TO PROVIDE IMMEDIATE REASONABLE AND APPROPRIATE MEDICAL CARE, SINCE DATE OF INJURY, JANUARY 9, 2012, WITH FURTHE BAD FAITH ACTIONS CAUSING IRREPARABLE HARM TO INJURED WORKER.

[a friend, A RETIRE NURSE, helped organize these facts, without the emotional ‘charge’ around them.]

No head injury is too severe to despair of,
nor too trivial to ignore
-Hippocrates 400 BCE

Date of Injury:  January 9, 2012, approximately 8 a.m.

Injured Worker: Linda Ayres, TimeShare Sales Executive –

Vacation Ownership Sales, Real Estate Broker

Claim #: CNA e3269102     WC #:  ADJ8181903

 

A witnessed slip and fall with loss of consciousness at work.  Able to stand with assistance.  Complained of feeling “dazed and confused”.  Also, c/o headache and pain in back of head, neck, back and right ankle.  Was neither advised nor offered a ride to seek medical treatment by sales manager who had witnessed the fall and assisted with getting up off the snow covered ground.

 One unfortunate event led to another unfortunate event, which led to a series of unfortunate events with wrong dates, doctors, omitted records and misinformation and inconsistencies with misrepresentations.  The harm caused to the injured worker by these unfortunate events is irreparable.

She continued with “usual work” (sales meeting followed by sales presentation) with above symptoms, including severe confusion, until approximately 10 am, when administrative manager approached with work comp form stating “you can see any doctor that takes work comp insurance”even though the form had no insurance information on it.  Again, she was not offered a ride to the Emergency Room nor was she advised to seek immediate medical treatment.  She continued with above S/S, including confusion and dizziness.  She left work at approximately 2 pm, (approximately 6 hours post fall) with her manager’s knowledge of an approximate 1 hour drive home – 20 miles down steep snowy mountain road, 40 miles of flat desert road.

 

She continued with headache, confusion, dizziness, head, neck back and right ankle pain.  She drove directly to the chiropractor who had been seeing her periodically (every 1-2 months) for maintenance.  Upon arrival, the office staff commented on her state of confusion and general “dazed” appearance.  She informed the chiropractor about the slip and fall at work, her LOC and immediate and persistent pain, headache, confusion and dizziness.

 

The doctor’s office attempted to contact her employer for needed information regarding a work comp claim.  Messages were left but employer did not return calls.  (See email from Dr. Whitlock to Daniel Elliott dated Tuesday, 2-28-12, CNA Adjuster, and return email authorizing more chiropractic visits #14)

 

1-11-12 injured worker presented self to Avalon Urgent Care due to increase in confusion  and pain and headaches.  (See 1st Report of Occupational Injury).

 

Injured worker was not contacted by employer for follow up.  Not given a list of MPN authorized providers.

Was given an incomplete Work Comp form filled out by employer.  Personal health insurance (CIGNA) billed for Work Comp by Avalon Urgent care due to lack of infomration on Work Comp DWC-1 form.  Attempted authorization by Urgent Care.  No response from emkployer or Work Comp Insurance.  Injured worker had to pay out of pocket for co-pay and medical tests including Xrays (request for MRI).  This office was not a member of alleged MPN at the teime, but apparently later became a member.

 

On 1-11-12 injured worker contacted EAP provided by employer due to continued confusion and concern thereof.  Continued lack of support by employer.  She continued to update employer  No authorization for medical treatment.

On 1-13-12, Injured worker was seen by Dr. Daniel DeGoede, Clinical Psychologist,  referred by employer EAP (Employee Assistance Program).  See handwritten referral dated 1/13/12 from Dr. DeGoede  to Dr. Esmael Sebti, Neurologist for scheduled appointment on 2/7/12.  Was refused evaluation and referral when appearing for appointment by Dr. Sepbti due to non acceptance of work comp patients.  It was later discovered that this doctor’s two offices were a part of the alleged MPN network.

 

On 1-21-12 Retained attorney due to lack of medical treatment and appropriate authorizatin for treatment of head injury and was scheduled for an appointment on the next day by the law office with an Orthopedic Surgeon. Dismissed law firm with cause shortly thereafter, at the recommendation of a retired Judge, and worked directly, in-pro-per,  with Adjuster to coordinate a team of providers, with Dr. DeGoede, Clinical Psychologist as lead doctor and designated PTP.

 

On 2-4-12, sustained further injuries after two falls at home from LOC due to head injury on 1-9-12 with undetermined periods of loss of consciousness, suspected to be less than 30 minutes each, but unknown.  (See attached Hi-Desert Hospital ER report of Dr. Lambros, NO EEG DONE.

On 2-6-12  MRI Brain (one month post initial injury, 2 days post subsequent 2-4-12 injuries).  MRI not authorized by WorkComp Carrier even though it was recommended by 1st treating doctor in Urgent Care prior to subsequent fall on 2-4-12.   The MRI WAS authorized by employee health care provider, CIGNA, with a large co-pay due at time of MRI.

On 2-22-12, Authorized referral (non-MPN) to Dr. Eileen Kang, Neuropsychologist, by Dr. Daniel DeGoede, Clinical Psychologist (EAP referral, and ultimately authorized (non-MPN) at PTP.  Dr. Kang performed a battery of neuro-psychological tests and recommendations for further treatment were ignored by insurance carrier.

On 3-6-12, was referred by office of Dr. Kang  to Dr. Stephen Waldman, Neurologist  (2 hour drive from home; non-MPN provider, no TBI expertise; field of expertise epilepsy and fybromyalgia)  after several failed attempts to find a neurologist on the alleged MPN list.   Without medical evidence, Dr. Waldman recommended ‘precautionary epilepsy medications with mood elevator’ and attempted to have driver’s license revoked for decline of offer of unfounded medications.  A second neurologist was requested, but denied by carrier.

 

In March 2012, was referred to another  attorney, who was retained until November 2012 .

On 4-23-12, was then referred, again by another attorney, to a clinical psychologist, Dr. Marcel Ponton, in Pasadena (3 hours from home) who’s colleague, Dr. Gunn, re-administered a similar battery of neuro-psychological tests and recommendations for further treatment and evaluations were ignored by insurance carrier and in fact, TTD benefits were terminated on 4/30/12 in bad-faith action by carrier.

Dr. Marcel Ponton then referred injured worker to a second Orthopedic Surgeon, Dr. Kahlid Ahmed for a second consultation, and to a physiatrist, Dr. David Patterson, Medical Director at Casa Colina Rehabilitation Centers, for DMV eval to disprove Dr. Waldman request to revoke driver’s license.    Recommendations for further treatment and evaluations were ignored by insurance carrier.

 

Diagnosis through March 2014

850.1 Concussion w/brief loss consciousness, 338.11 acute pain due to trauma, 847. 0 Cervical Sprain/Strain, 839.08 Disloc mult. cerv vert clos, 728.85 spasm muscle, 839.21 Disloc thoracic vert close, 739.3 Nonallopathic lesions lumbar nec,  854 Closed head injury, 784 Headaches, 310.2 Post concussive syndrome, 850.1 Concussion with brief loss of consciousness, 850.9 Head Concussion, 309.81 PTSD, 310.2 Post concussive syndrome, 780.93 Closed Head Injury with amnesia, 921.00 Contusion (left orbit), 750.90 Concussion, 959.01 Head Trauma, 959.01 Cognitive Changes following head trauma, 850.0 Concussion, 959.00 Head Trauma (Contusion x 2) with Impaired Memory, Speech, Balance and Vision, 850-854, 959.01 Somatic/cognitive dysfunction and emotional dysfunction, 310, 310.8, 438 Mild cognitive dysfunction, memory processing,, 850 Mild TBI positive lapse of consciousness, 310.20 Post Concussive Sydrome, 309.28 Mood Disorder secondary to Post Concussive Syndrome, 959.01 Head injury,  Lobe Disorders: frontal, parietal, cerebellar dysfunction, motor dysfunction, segmental dysfunctions, Closed Head Injury with Ongoing Sequelae, Psychological sequelae, possibly secondary to industrial injury, 959.01 Closed head injury with cognitive dysfunction and speech dysfunction, 784.00 post traumatic headaches, brain based vision impairments, brain-based vestibular and balance disorders + secondary to head trauma, NECK, BACK, Shoulder PAIN and related ICD-9 codes, 850.9 Head Concussion, 854.0 Closed head injury, 784.0 Headaches, 294.9 Cognitive DisorderNOS, 310.20 Post Concussion syndrome, 850.9 Head Concussion, 378.42 Exophoria, 378.43 Vertical Heterophoria, 368.33 Fusion with Defective Stereopsis, 368.13 Visual Discomfort. Neck Pain 723.1, Mid-back pain 724.1, [Note: “A Vision rehabilitation program is medically necessary to improve Linda’s deficient visual skills, as noted…(March 22, 2014, Dr. Lynn Lowell, Neuro-Optometrist, Ketchum Eye University 2014, as also indicated by Dr. Eric Ikeda, Casa Colina, Neuro-Optometrist]  Closed Head Injury 854.0, 784.0 Headaches, 294.9 Cognitive Disorder NOS, 310.20 Post concussive syndrome, 850.9 Head Concussion.

.einstein concussion

 

Dr. Hilda Chalgujian, Forensic Neuropsychologist: May 2014 –

‘…recommend this patient be monitored neurologically in light of the above-noted cognitive issues; patient will benefit from a neurologist with experience int he treatment of traumatic brain injury; … recommend patient continue with individual therapy to help develop better insight into her functioning and increase her coping skills, and minimize external stressor;… supportive individual psychotherapy will help her develop strategies to help her…;  recommend she receive speech therapy to directly address her current difficulties with communication, including verbal fluency, as well as attentional issues…; recommend she is evaluated and monitored by a neuro-ophthalmologist to assess her ongoing and longstanding complaints of impaired vision, and explore vision therapy…; she may also benefit from occupational therapy to address ongoing visual concerns; this treatment should also address how to best compensate for situations that would be most relevant for her return to work in the future; …defer to her treating physician for her physical therapies; she should be re-evaluated in six months following her treatment regimen to assess her permanent and stationary status….’

 

ALL IN ALL, TO DATE, SHE HAS SEEN:

 

34 specialists, and has had 2 MRI of the head, one of the Cervical Neck, and one of the Right Shoulder.  Several of the doctors were referred by attorneys, her legal representation or by treating doctors.

 

She has been seen by neurologists, psychologists, psychiatrist, neuro-optometrists, neuropsychologists, physiatrist, 4 orthopedic surgeons, multiple therapies, including speech, physical for neck, acupuncture, vision and cognitive rehabilitation evaluation (please refer to attached list)

 

Retained and dismissed 4 attorneys due to incompatible goals; Injured worker has been represented approximately 14 months out of the 2 years 5 months since date of injury.   Each attorney did increasingly greater harm compounded by further failures to facilitate medical treatment than prior representatives.

 

The most care/evaluations were authorized when injured worker was in-pro-per after dismissing law firm #1. (Treatment with Dr. DeGoede, Dr. Kang and Dr. Whitlock Jan-Apr, 2012)

 

Due to brain injuries, and consequent communication and cognitive deficits, injured worker has been unsuccessful in retaining competent legal representation, knowledgeable about proper handling of a brain injury claim and necessary treatments and treating team, in accord with ACOEM guidelines. ADA requests for accommodations at WCAB – Riverside have been repeatedly violated.

 

1) <30 days (1/21/12);      Castillo & Associates

2) >9 months (Mar 2012 – Nov 2012)   Mike Durich, Esq. 

3) < 3 months  (Jan 2013 – Apr 2013)  David Lynch & Associates

4) < 1 month  (mid-Dec 2013 to mid-Jan 2014)  Clayton Perry, Esq.

 

Treatments of chiropractic, acupuncture, neuro-optometry, neurology, functional neurology, speech therapy evaluation, on-line brain-training, EEG, and Brain MRI’s were medically necessary, as requested by multiple doctors, and in light of the medical necessity, and continuous bad-faith actions of employer and it’s insurance company and defense counsel, have been self-procured and more than approximately $23,500 in outstanding medical costs remain unreimbursed since 2012.

 

To date, authorized treatments have only included:

2012 – 14 chiropractic, 17 psychotherapy

2013 –  6 physical therapy

2014 –  6 chiropractic, 12 acupuncture (right shoulder only for first 6, second set of acupunture requested as “959.01, 784.01 Multiple Head Injury, Multiple Neck Injury, Multiple Upper Extremities, Upper Back Area” and was modified by non-doctor to “959.01, 784.0 Multiple Neck Injury, Upper Back Area”  

[All urgent medically necessary treatments have not been authorized, many denied by non-physicians, and in 2013, Corvel became involved in further denials, primarily not-authorized by their Orthopedic Surgeons denying further evaluations and treatment by specialists in Traumatic Brain Injury.  Distortions by QME/AME doctors, compounded by Defense pattern and practice of omission of medical records have further contributed to the lack of medically necessary treatments. The 38 page April 2014 evaluation by Forensic Neuropsychologist has been objected to by Defense, apparently in order to further delay treatment and cause further harm.]

 

 

THEREFORE:  

#1  Wyndham Worldwide and it’s agents neglected to provide medical treatment and proper evaluations since date of injury.  Managers at Wyndham Worldwide resort – WorldMark by Wyndham at Big Bear – were negligent and apparently untrained in proper handling of an industrial injury, particularly one including a head injury.  The failure to have transported the injured worker to the closest Emergency Room or advise injured worker to seek immediate medical treatment to avoid further injury is extreme negligence.

#2 Not given proper Workers Comp info on MPN Providers and List of Providers and 1st report insurance information was lacking, causing need for use of  employee CIGNA insurance through February 2012.

#3 Allowed to “drive self home” six hours after Wyndham managers saw her fall and lose consciousness.  Allowed her to continue working even though she complained immediately of confusion, pain in her head, back and neck and right ankle.

#4  No immediate treatment authorized for head injury / MRI / EEG.

#5  Continuous negligence from lack of authorized treatments sent on a path of self-procured medical treatments (requested by multiple providers, ignored by carrier).  Out of pocket expenses for doctors, appointments, treatments and equipment needed for prognosis and ongoing care of brain injury and rehabilitation, and orthopedic injuries.

 

SEEKING IMMEDIATE RESOLUTIONS

A) Monetary reimbursements of medical mileage, treatments, and equipment.

B) Lump Sump Settlement for life-time medical treatments including certified Brain Injury Rehabilitation including but not limited to cognitive rehabilitation for high level Loss of Executive Function of Hi-IQ TBI survivor, vision therapy, vestibular therapy, speech therapy, vocational rehabilitation and retraining, with compensation for extreme loss of future earning capacity,

 

EXHIBITS:

(to be listed)

(Unreimbursed medical expenses and miles since 2012 exceed $23,500, submitted repeatedly and complaints filed with WorkComp Audit Unit for further investigations and penalties.)

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

LIST OF DOCTORS INVOLVED SINCE 1/9/2012…

Dr. Khalid Ahmed MD, Orthopedic Surgeon
Dr. Darren Bergey MD, Orthopedic Surgeon
Dr. Hilda Chalgujian Phd, Neuropsychologist
. Crystal Crites MPT, Clinical Director
Dr. Daniel DeGoede Phd, Clinical Psychologist   $
. Jennifer Diemart MA, CCC-LSLP    $
Dr. Ernesto Gallegos DC   $
Dr. Christopher Hancock MD, Neuroradiologist
Dr. Tiffany Hoang OD   $
Dr. Eric Ikeda Neuro-Optometrist   $
Dr. Gilbert Jaudy DC, FACFN, FABVR, CCST   $
Dr. Eileen Kang Phd, Neuropsychologist
Dr. Ronald Kent ** MD, Phd, Neurologist
Dr. John Lambros MD, ER
Dr. Michael Lobatz MD, Diplomate, American Board of Psychiatry & Neurology   $
Dr. Lynn Lowell OD, FAAO, FCOVD  $
Dr. David McCollum DC
Dr. Joseph Nguyen OD   $
Dr. Brandon Nielsen OD   $
Dr. James O’Brien ** MD, Forensic Psychiatrist
. Debra Ouellette MS, OTR/L  $
Dr. David Patterson MD, Physiatrist, Medical Director of Rehabilitation  $
Dr. Marcel Ponton Phd, QME, Clinical Director
Dr. Jacob Rabinovich MD, Orthopedic Surgeon
. Don Risser Licensed Acupuncturist   $
Dr. Jay Sanvictores MD, Family Practice   $
Dr. Esmaeil Sebti MD, Neurologist
Dr. Julie Simmons MA, PSY.D
Dr. Gurvinder Sunny Uppal MD, Orthopedic Surgeon
Dr. Stephen Waldman MD, Phd, Neurologist
. Diane Wallace Licensed Acupuncturist   $
Dr. Lynda Wells PhD, EEG Neurofeedback Practitioner   $
Dr. Jaime Whitlock DC   $
Dr. Bijan Zardouz ** MD, Neurologist

 $  “Paid for by Injured Worker or/and co-pay with CIGNA Health Insurance, referred by EAP Provider

 

**  All but three doctors (Kent, O’Brien & Zardouz) recommended further medically necessary treatments and evaluations for #TBI/Closed Head Injuries and orthopedic injuries; only a few chiropractic, a few clinical psychologists, and 6 physical therapy sessions were authorized the first two years.  The fight continues for medically necessary brain injury rehabilitation as well as for orthopedic injuries; clearly documented; Wyndham’s agents have continuously refused to and failed to authorize.  

 

If the ‘injuries are so minimal’…. does it make sense that this injured worker would be off work for nearly 1,000 days… ‘for a headache and poor anger management skills when subject to intimidation, terrorism, and systematic bad faith and negligence?”

Capture WYN COUNT ON ME PROGRAM

How can the defense continue to refuse to authorize medically necessary treatments, and how can the defense further allege that these injuries, exacerbated by refusal to deny medical treatments since date of injuries, were somehow ‘pre-existing’…..???  Mr. Reubens, any further questions??

MAKE SENSE??

 

brain concussion tbi

If you’re like me, you want to know: What can YOU do Today?

 

(1) Well, BE AWARE OF THE HORRIFIC CRIMES AGAINST INJURED AMERICAN WORKERS BY FELLOW AMERICANS IN COLLUSION WITH THE BILLION DOLLAR INSURANCE INDUSTRY.

(2) Share this blog with someone…………by email, fB post, tweet, snail mail, etc.  BE CREATIVE.

(3) Share YOUR #WorkComp story and resources as comments on this blog or and http://www.NAIDW.org, National Association of Injured & Disabled Workers “NO WORKER LEFT BEHIND”  888.788.naidw (6243)

(4) Send your letter of support to  wynLINDA@gmail.com with encouragements to continue to FIGHT THE GOOD FIGHT; The SuperLawyers and Other Legal Experts and Government Officials interviewed have indicated that THIS STORY IS NOT UNUSUAL…. and that it has a ‘too bad, how sad’ ending, always.

(5) TELL YOUR FRIENDS AND NEIGHBORS; YOUR GOVERNMENTS ALREADY KNOW.

WC WorkCompFraud and Money

REMEMBER REMEMBER:  WE ARE THE MEDIA NOW.

ONE PERCENT  99 PERCENT

WE DO NOT…FORGET.

BUT IF WE DO FORGET DUE TO #TBI, FRIENDS DON’T LET FRIENDS STAY IGNORANT!

 SMALL ACTIONS BIG CHANGE

THINK LOCALLY.

ACT GLOBALLY.

OCCUPY VIRTUALLY!

EXPECT US!