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.
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!
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.’ ???
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.)
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
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
San DIEgo moves decisively into the 500 Rad cateGory with a 506 cpm reading….not a good sign.
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:
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”.
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.
Linda Ayres, In Pro Per
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.
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?