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

How Does an Injured Wyndham Worker Return to Work?

WorkComp Epic Fail!  WCAB, DOI, CAAA won’t help; FBI can’t help…so…Social Security makes legit medical care possible now  – How do other companies facilitate return to work for injured workers?  Let’s ask on Social Media, shall we?

OUR WYNDHAM WORLDWIDE BRANDS?

OPEN LETTER TO WYNDHAM LEAVE SUPPORT CENTER

….with copies to “Supplemental People”

OccupyVirtuall!  99%
OccupyVirtually! 99%

Dear Wyndham Leave Support Center Staff:

As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015.  

Remember, I have not worked since date of injury, 1/9/12, and medical care provided by the insurance carrier has been minimal indeed.  Chiropractic and physical therapy and a few first year clinical psychology sessions, and a few more neuro-psychology evaluations do not meet MTUS, ACOEM or common sense guidelines.  Self-procured treatments were interrupted with threats, and MPN designated Orthopedic Surgeon Primary Treating Doctor for a diagnosed brain injury was allegedly threated with termination of referrals to his multiple offices if he did not cease and desist attempts to secure medical care for me.  A leading industry experts discusses this very practice as common place in California.

This may further sound alarms in my particular case, to add to various agency investigations.  One doctor, in my case, apparently succumbed to the extortion type practices, although his office did try for nearly 2 years to help me get legitimate brain injury medical care.  Another doctor “lost my file” and could not even write the self-procured report, and falsely alleged a visit that never happened months later, and refused to correct the records or refund the fees paid for the consult with his verbal recommendations for immediate (2013) admission to the Casa Colina Brain Injury Day Treatment Center.  The doctor did, in 2012, do a short evaluation on behalf of the insurance carrier to prevent the revocation of my driver’s license at that time.  EEGs were not done by the carrier until April 2014, and follow up with medical records was also not done, as recommended by the INDUSTRY appointed neurologist.  Goodness.  CNA seems to think treating brain injury with a few (limited) chiropractic, acupuncture and physical therapy sessions are all that is necessary.  In reviewing the pages of CorVel denials, it seems that the only times doctor’s are not required to sign a report for a modified recommendation are for those modalities–chiropractic, acupuncture and PT.  D’oh.

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

There were neuro-psychologist sessions for a while since April 2014 with an authorized exception to the alleged MPN. The diagnosis and testing facilitated a request for 3-6 months of interdisciplinary treatment and what was authorized was 16 sessions of speech therapy, occupational therapy, and physical therapy, and 8 more sessions were authorized on zealous appeal.  The cost to CNA was approximately $50,000, not discounted due to interdisciplinary guidelines, not subject to heavy WorkComp discounts, much to the apparent surprise of the defense counsel during a sandbagging session and further delays that preceded treatment.

In April 2015 the authorized non-MPN provider resigned since nearly all recommendations for medically necessary treatment were egregiously denied, with false allegations made against the doctor as well, by the carrier continuous attempts to deny medical care.

My out of pocket expenses to survive the Wyndham WorkComp claims handling exceed $43,350.44 now, unreimbursed, and I lost professional credentials (CA Real Estate Broker’s License, California Notary License and Hawaii Real Estate Sales license) due to the injuries and failure at obtaining medical care.

My CA Real Estate Broker’s License has been reinstated and the CA Notary license is being reinstated.  Self-procured medical providers were repeatedly threatened by defense, treatment interrupted, and none completed, from vision therapy, auditory therapies, MRI’s for the brain were self-procured, speech therapy was finally authorized in 2014 for merely 24 sessions, that would have been more beneficial in the first year, but some TBI (Traumatic Brain Injury Survivors) have up to five years of intensive speech and occupational therapies.  I have lost nearly 4 years of earnings in an industy that tout’s newcomer’s can make six figure incomes and my current earning capacities are now a serious unknown factor.  Return to work will clarify that, won’t it?  Nobody at Big Bear or Indio knew about how to deal with a work place injury, so while the Admin Manager told gave me an incomplete DWC-1 Form and told me to “see any doctor that takes work comp insurance” and didn’t even offer a ride to the Emergency Room, so I drove down a snowy mountain WITH A HEAD INJURY…. It’s another Miracle that I survived that!

Employee Assistance stepped in and got me to some doctors, although defense lawyers repeatedly mis-state that injured worker was “properly served” info about an MPN.  There were no treating neurologists, neuro-psychologists, clinical psychologists or others in the know about Brain Injury on the alleged list (that I didn’t receive a link to until JANUARY 2013!) AND JUST RECENTLY CNA CONFIRMED THEY STILL HAVE NO LOCAL TREATING NEUROLOGISTS OR NEURO-PSYCHOLOGISTS OR BRAIN INJURY EXPERTS.

I asked the EAP Clinical Psychologist, “What will I do if I don’t get my brain back?”   He shrugged and said something to the effect of, ‘Well, if you don’t get it back, you can probably assemble widgets.’  Social media efforts while off work have been much like putting puzzles together and ASSEMBLING WIDGETS.   I never aspired to be a WIDGET ASSEMBLER.

So, how do we move forward for return to work or about July 27, 2015?   By copy to the Industry and Workers At Large, let’s ask for greater input, since Wyndham apparently does not have a RTW program?    ASKJAN.ORG is the Job Accommodations Network which may help HR Staff comply with the laws.   Here is the link for a search of their database on brain injury accommodations.  Remember, CNA originally accepted the claim, as the records note,  as a CONTUSION.  JAN defines  Contusion: “A contusion is bruising or bleeding of the brain (Brain Injury Association of America, 2006a; TBI Recovery Center, 2006).”   Nice, they knewor suspected my injury was that bad, and upon diagnosis, terminated all benefits and hoped I died.  

Here is a JAN.org list of accommodations for employers: http://askjan.org/media/BrainInjury.html    Feel free to peruse the site further and we can explore as we commence the interactive process, hopefully this week.

I anticipate engagement in the FEHA required Interactive Process shortly, to explore and determine a timeline of necessary accommodations. In addition to previously submitted accommodation requests, which I will have to find, I will need to submit the finalized plan to my treating doctor and to the Coastline Acquired Brain Injury Program team as a “transition to work in Palm Springs sales office” plan for final approvals.   Tina Jordan is fully aware of our need to meet as soon as possible.  My next doctor’s appointment is Thursday, July 9, in Palm Springs and I could meet with Human Resources after noon on the same day.   

Unknown variables include the dates of the next 2-week sales training classes, which will be factored in to a return to work transition plan from Coastline Acquired Brain Injury Program.   When are the next two Indio Sales Training classes?  What are the hours of work these days, and how are “breaks” handled when tour flow is heavy?  I have been listening to the Steve Wilcox AFFIRMATIONS FOR SUCCESS  (In-House and Front Line editions) along with the “AS A MAN THINKETH” presentation “With an Extra Track: Affirmations for Success” from July 2011.  I AM MENTALLY PREPARING TO REJOIN THE SALES FORCE.

LINKED IN RANKING   7 5 2015  942 AM PDT

For example, if the training begins July 27, I will request authorization from Coastline to attend the full two weeks of training, knowing that it may be necessary to “repeat” the class at the following class.  My processing capabilities are much slower than previously, but with hard work and repetition and systematic training, I may be able to succeed again.  After completion of the 2-week training sessions, I am thinking that in order to complete the Coastline Acquired Brain Injury Program, a “work-schedule” could be reduced days at Coastline to “TWO” days … Mon/Tue or Wed/Thu.   That would facilitate “THREE DAYS” return to work at the Palm Springs Office, on the busiest days, the weekends… Friday/Saturday/Sunday.

Real doctor appointments for medically necessary but denied for nearly 4 years will be made during non-working times whenever possible, and any WorkComp legal chicanery and further “evaluations” must be paid-time-off, with miles and lodging, if out of the area.

Quiet (low decibel) work area.

Work schedule to be determined based on actual start date, training (may need to take sales training class TWICE, TBD) while completing the Coastline Acquired Brain Injury Program via an approved “Transition Plan” to be submitted prior to doctor’s release so that informed decisions can be made by all parties.

Lumbar Support Chair

Ability to use memory devices for compensatory strategies (smart phones, livescribe smart pen, photos, notes, audio recordings etc. See ASKJAN.Org.

Designated go-to-person/manager for liaison on any TBI/Work/Accommodations/ADA compliance chain of command clearly described (In one conversation I was advised that a go-to/coach type person would have to be the sales manager, and it’s highly unlikely that any Wyndham Sales Manager is versed in Employment Law and ADA compliance to serve in that function, and would only exacerbate the issues.  I would like a phone contact in New Jersey with someone like Patricia Lee to keep matters from escalating further.  I will never forgive the callous disregard for my very life, but in timeshare sales, I have learned that we ‘leave our problems at the door” and it’s JUST BUSINESS.   I don’t get all my brain power back, that’s a given; I do not intend to live in poverty any longer because of the epic fail of the slip and fall I experienced when I was just trying to help my manager find an open window so the Big Bear Team could get INTO the locked office in the middle of a snow storm.  For being a team player, and putting the needs of others first, my life should be destroyed?  I don’t think so.

Wyndham executives may need to speak directly with Norin Grancell, CEO of the law firm mis-handling my case since the beginning to ensure that the abuse stops immediately.   This blog may be included in further evaluations by the insurance company leased/owned doctors, so they can have a better chronology of the abuses experienced and documented.  In a discussion with one work comp expert, it was indicated that some of these people give “organized crime” a real bad reputation, and expose many of their minions to legal consequences.

Return to work, of course, requires a doctor’s release to work, which will be a possibility upon presentation of a viable plan in accordance with FEHA guidelines.  Since Wyndham seems unaware of corporate responsibilities, and legal counsel provides inaccurate information (remember I attended a Public Career Night in December 2014, in hopes of learning more of how Wyndham has grown since I’ve been trying to recover, and the Project Director told me that Human Resources advised that he could not talk to me.  Well, I still have an unresolved WorkComp Claim, how will that issue of communicating with me be resolved upon return to work?  These are issues that must be clarified TO ALL PARTIES CONCERNED, wouldn’t you agree?

BRAIN INJURY HANDBOOK A Resource Guide for Employers  may help in the creation of a return to work program.   I have been diligent in collecting information that may help me successfully return to work.   I would like a contact upon return to work to help make such a transition transparent and successful.  Again, asking an untrained timeshare sales manager or human resources manager to fill that role does not seem reasonable.

THE BRAIN INJURY HANDBOOK

Pro’s and Con’s and accommodations must be explored, in addition to those already submitted, so that we have a finalized plan that my team can approve and release me to.   An assignment for my next doctor appointment includes writing a Pro/Con list for return to work, and while the doctor seems to hold significant reservations about my ABILITIES to return to work, he will consider the case for return to work that I will attempt to present this week.  I wrote FOUR PAGES of PRO’S FOR RETURN TO WORK, and merely 3 statements for CON’S:

  1. The abuse I have experienced at their hands is criminal.
  2. The risk of further abuse and further attempts at financial harm is possible and probable.
  3. Their actions have been incompetent and in bad faith repeatedly, and without integrity, to the top of the heap.

Those are weighty experiences and accusations, and my outrage is a legitimate response to the horrors of the Epic Fail.  With the protection of Federal Laws, ADA, and FEHA, along with EEOC, I do believe that we can work together to transcend the life destroying legal-chicanery I have been subjected to, put WorkComp on the back burners, and let the proper authorities sort that out, while we move forward with a RETURN TO WORK PLAN.

At the top of the return to work at Wyndham list is not personal, it’s strictly business.  The employability of the brain injured community is low, and continued employment of the brain injured community is even lower.   One need only ponder the question, “What Hiring Department would knowingly hire an older worker with a brain injury and an open and public Workers Compensation claim?”  Makes sense?

Other Pro’s listed on my ‘project for the doctor’ include (unedited)

  • It’s a job I already have
  • Risk of (further)  job discrimination due to age, disabilities, gender, work comp is minimized by the existing work comp case (and protected against by ADA law)
  • There is slow/down time that will enable me to “perfect my craft” as the company has grown dramatically in the 3.5 years since my injury (and lost wages and earning capacity) — so I will have time to get up to speed in time for the Winter High Season.
  • Necessary accommodations, including a proper back support chair and a quiet (low noise decibels) environment are more likely at Wyndham that at a competitor, because the patterns of continuous harm have already been well documented, and now is a chance for Wyndham to right the wrongs and create a safe, positive and non-adversarial, bullying and discrimination free, non-hostile environment for my right to return to work.
  • Palm Springs is approximately 35 miles away, straight down the hill.
  • My Medicare provided doctors and interdisciplinary treatment team is now beingbuilt in Palm Springs, and the Palm Springs Wyndham Sales Office seems to be most conducive to any hope for a successful return to work that:
    • Allows opportunity to restore income and possibly compensate for nearly 4 years of lost income and earning capacity and professional licenses;
    • If successful, great; if not, it must be considered in ultimate case settlement;
    • I can either relaunch my sales career from Palm Springs, or springboard to new realms
  • On-Going Fraud Investigations – they will either right their wrongs or commit further documentable crimes
  • “Screw me once, shame on them; screw me again, shame on me.”
  • HR and RISK MANAGEMENT staff is untrained and consistently violates Labor Codes; I could be an asset in clean up, nationally.
  • RTW gives me time and opportunity to update/revise/clean up social media sites and records to return to more positive professional, and update my resume to reflect the changes in personality and abilities due to the Brain Injury and legal and medical mishaps.
  • A new position could be created to utilize my experiences for the benefit of many working people,  worldwide.  Not many Injured Workers have the ability, wherewithall or voice to expose the atrocities of America’s Work Comp system, of which this case is just one of millions.
  • Structure is critical to a TBI Survivor — Functioning capacity is currently at 3-4 hours and increasing.
  • If necessary, I can rent a guest room to “reboot” at the resort in the events of  long days of successful selling, in order to minimize “Cognitive Fatigue” and ‘crash and burn’ from cognitive fatigue.
  • It’s totally a financial strategy — it’s a job I ALREADY HAVE.
  • Hours can be light – 8:30 to 1-ish or 3-ish.
  • 45-90 minute spurts with guests, with “scripted” (re-learnable) sales presentation.
  • Repetitive stories, like my work-comp injury tales, have been repeated so often the telling is often without halting, dysfluent speech; therefore, it stands to reason that with practice of the sales presentation, and possibly become a Group Presenter, it would be win/win/win.
  • Palm Springs office is “hybrid” – owners and non-owners with 45/90 minute presentations.
  • Palm Springs, like Big Bear (where I was sent to assist during extreme management and sales turnover in January 2011, and where I was sales person of the month many times) is a smaller office, so, theoretically, there is more opportunity to earn (more opportunities for tours divided by fewer sales reps)
  • Small shops – can close my own deals.
  • Have California Real Estate Broker’s license (lapsed due to injury; reinstated) and Notary License (lapsed due to injury; reinstating) but Hawaii Real Estate Sales license was lost due to injury, no hope for reinstatement.  If attempts at sales fail, perhaps a salaried + bonus “contracts person/VLO position can be accommodated in Palm Springs.
  • Wyndham is the largest hospitality company in the world.
  • Great benefits (unless hurt on the job) and benefits resume practically immediately – health, vision, dental, matching 401(k), discounts [on-going medical care includes continuation at Coastline ABI program, Cognitive therapies, RTW counselling and coaching, Acupuncture (weekly), Neurology (further exams denied by carrier for nearly 4 years), Chiropractic, Vestibular Disorder (balance), Auditory Processing, Vision Processing, and medically necessary devices to compensate.
  • Base pay is a “draw” against commissions and would not count against Social Security “trial return to work” guidelines if income does not exceed $___. (I forgot how much that is, less than $1,000 a month I think they said.)
  • Tuition reimbursement (could complete a degree program and or a Certificate Program in Sales/Social Media)
  • It’s a job I already have, already paid dues in full, and since the injury and permanency of the injuries was caused by Wyndham, seems only right that my working career resumes there, and we’ll see it goes from there.
  • Always better to leave a place on a successful high note than bleeding from a conk on the noggin;
  • Quitters never win and WINNERS NEVER QUIT.

do it

If my injuries prevent success as a salesperson, as you know, I am willing to work with the Human Resources Top Executives in New Jersey to establish a position as Advocate for Injured Wyndham Workers, worldwide, and/or be of assistance with social media policies and procedures.   When some key managers have LinkedIn profiles that show website links to their former employers, well, there’s another “quality control” issue, that directs candidates to competitors?  Armed with two monitors, I could provide valuable input to assist Wyndham, imho.

A WorldMark by Wyndham owner recently advised that the Queen Mary is now part of the Wyndham portfolio.   I had to laugh as it made me think of the Wyndham WorkComp policies, practices and providers, and how an Injured Wyndham Worker can be treated like a “Woman Overboard” as the life preserver (allegedly WorkComp) is ripped from her clutching fingers, falling into the sewer of WorkComp, with providers simply asking, “…when ARE you going to die?”

people nowadays  cameras

Despite the obstacles and hardships, I  have worked very hard at Coastline Acquired Brain Injury Program since October 2014, and I am still gaining more and more compensatory strategies that may facilitate a successful return to work.  As mentioned to Tina Jordan, Regional Human Resources Director, with the brain injury, my success as a timeshare sales executive might be like “The First 50 Dates” movie…. with a fresh title, “The First 50 TimeShare Presentations.”

While the movie is a Hollywood version of a brain injury, there are some insights to be found, and bear in mind, multiple lobes of my brain were involved, not just the temporary lobe as in the movie,  in the initial and second impact traumas.  Again, had treatment been immediate, reasonable and appropriate, my injuries would not likely be as severe and debilitating as they are.   Muddling was never before a ‘life strategy’.

50 first dates  (temporal lobe)

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

Here is an article that will explain more about brain filters and processing, as BRAIN INJURED WORKERS  may relate to the sounds, sights, problems, demands of the timeshare sales room.

SENSORY OVERSTIMULATION

Since the WorkComp experience was an epic fail, let’s move past that, and let the proper authorities deal with CNA and Grancell and related complicit parties and move forward with Return To Work planning.  Obviously, Wyndham has little-to-no experience in helping someone with an untreated brain injury return to work, so whether or not my return is successful, let’s work together to ensure that a return to work path is created for other Wyndham Workers who follow.

The interactive process required by ADA and FEHA must commence immediately so that we can work out the variables and so that I can obtain “trial return to work” authorizations from my treating doctor, and also approval from the treatment team at Coastline Acquired Brain Injury Program (both are self-procured since CNA willfully and callously and apparently  by a web of fraudulent means, with complicit doctors, succeeded in failing to provide medical care, pay Temporary Disability Benefits in the first two years, and continues to refuse to pay estimated Permanent Disability, causing what the social security administration says is permanent and chronic injuries to my brain.  Nobody believes I can return to work, but my current doctor instructed me to write the Pros and Cons of returning to Work at Wyndham, per the in place accommodation request.

While Human Resources has been unable to meet to engage in the interactive process (we did have a meet and greet last summer, but no progress was made).  CNA did pay approximately $50,000 for 24 sessions of speech therapy, occupational therapy, physical therapy and an extensive auditory processing evaluation and driver safety evaluation in the Summer of 2014.  That Interdisciplinary Treatment Program had been requested for 3-6 MONTHS, and 16 days were authorized, then extended 8 more days.  Also included in the fees was assistance in the Interactive Process, where the SCRIPPS BRAIN INJURY DAY TREATMENT CENTER Occupational Therapist was to go to the job site with me, meet with HR, and explore necessary accommodations.  Apparently, the Defense Firm, who seems to relish in lack of expertise of ADA/Return to Work/Employment Law, forbid HR to meet with me and qualified professionals.  The early termination of the program by the Defense also muddled those return to work plans, as no doctor would release me to work without care.

Other professionals have indicated that had I received medically necessary treatment in the first year, it might have been possible to return to work in some capacity back in 2012.   In a pattern of practice of omitting hundreds of pages of medical records with clear intent (and years of success now), the defense has implicated many doctors in their sham.  Bear in mind, upon diagnosis of BRAIN INJURY, CNA immediately terminated Benefits and all treatment, and resorted to financial terrorism, bullying and worse.  Nothing has changed, and now they include Judges in their chicanery.

After a very positive conversation with an agent of the FBI, it is clear to me that there is no agency that can help me personally in the horrors I have experienced at the hands of the Wyndham Worldwide WorkComp insurance carrier and their defense counsel.  While California Labor Codes allegedly provide an Exclusive Remedy for injured workers that includes immediate, reasonable and appropriate medical care, with disability payments, all with an alleged aim to help injured workers recover and return to work as soon as possible, this was not and is not my experience.  The evidence of my case may prove valuable in investigations of “similar” cases, and I have assured the FBI agent that my “arsenal of work comp records” is at their service.  In the discussion, I mentioned that as an “OLDER WORKER” I fortunately had the fall back position last year to apply for “early retirement” so I did not join the increasing ranks of the homeless injured workers.  It is my very strong belief that as an OLDER WORKER, I have an obligation to expose the crimes that I have been victimized by, and that millions of other Americans are being subjected to daily, in a Grand WorkComp Fraud.

While the Wyndham Worldwide Director of Risk Management, Michael Dougherty, has never once responded to my pleas for help since 2012, the congenial relationship between Wyndham’s Risk Management Department and Insurance Carrier Defense firm can be summed up in the public recommendation by the Defense firm below (It smacks of collusion to me, but they say since the brain injury and denials of medical care while doctors profit by writing false reports and attorneys profit by omitting medical evidence, that I am extremely “suspicious”…)

Shareholder/branch manager at Grancell, Lebovitz, stander Reubens & Thomas

I have worked with Michael for quite a while now. Since the time I have worked with him, he has successfully moved his program from its prior claims administrator to its present Third Party Administrator. In addition, Wyndham has continued to expand its business which includes aquiring other companies. This requires the integration of the new businesses into his existing program. This has been accomplished in an admirable fashion.

Not many states can boast the complexity, frequency and severity of Workers Compensation like California. I think Michael’s grasp on the California system through its many iterations as well as his knowledge of Workers’ Compensation in other states has truly benefited his employer in his ability to strategize, collaborate and manage the entire program.

Michael’s ability to work with all partners in his program and draw on their skills especially in complex cases is key in management and expeditious claim resolution.

January 20, 2015, Stewart was with another company when working with Michael at Wyndham Worldwide

As the records indicate, had I received more than chiropractic and a few visits with a clinical psychologist in 2012 (interdisciplinary treatments WERE requested, but were denied by non-medical personnel) the possibilities for return to work existed.  In October 2012, the primary treating doctor attempted to facilitate return to work, but again Wyndham refused to engage in interactive process and simply extended leave without pay or benefits.   In August 2014, through the expenses and efforts of an interdisciplinary brain injury day-treatment program, efforts were made to engage in interactive process repeatedly by hospital staff, and Wyndham was apparently mis-directed by the defense firm to refuse to engage in interactive process.  SCRIPPS has recently offered to resume the effort to facilitate the interactive process, with a minimum of 2 more weeks of the interdisciplinary Speech/Occupation/Physical Therapy Program (and approximately another $25k?) to do what they were not allowed to do to facilitate return to work last year.

Perhaps we can now work together to organize a viable return to work plan with increasing work days as the Coastline Acquired Brain Injury program reaches completion and the Desert high season begins.   I have approximately 3″ of communications of attempts to organize return to work, all failed attempts included spread sheets of if this then that.   Let’s plan on a working meet to put something in writing this coming week so that my treatment team can determine if indeed a TRIAL RETURN TO WORK IS POSSIBLE.

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I would further suggest you advise defense counsel to put the case and chicanery on hold until we get through developing a return to work plan, with aim toward July 27, 2015, and identify all the necessary accommodations, scheduling, locations, and paperwork.  Again, you can let Mr. Norin Grancell know that the injured worker intends to return to work despite the atrocities commited by his firm, BY ANY MEANS NECESSARY.  He will understand and explain it to Stewart, we’re sure.

I truly do not know if I am CAPABLE of returning to work; at Coastline I have heard that some people with most severe brain injuries are amongst those say most adamanatly that they can return to work…when they can hardly speak, have zero working memory, and other major issues.  Nobody has told me they think I am ready to return to work, but as I have always said, I AM INJURED, NOT STUPID.   One Work Comp doctor in 2012 said, when I asked, “When will I know I am ready to return to work” and he said, ‘You’ll know you’re ready when you’re back at work.”

OK, let’s get to it.

Please let me know about a meeting the afternoon of July 9th in Palm Springs or Indio, and advise who I will be meeting with and if Wyndham Leave Support Management can participate by phone to document.  This, with prior requests, seems to give you what you need to propose what can work for a return to work.  I know I still struggle with being concise, and untreated vision processing with working-memory issues makes editing a challenge, so perhaps the best next step is for Wyndham Leave Support Services to send a proposal for return to work, subject to medical release and we can either finalize or fine tune from there.  The professional help that was paid and every effort was made to get Wyndham HR to participate with the SCRIPPS INTERDISCIPLINARY TREATMENT TEAM to facilitate return to work was refused repeatedly by both Wyndham HR and it’s legal counsel.

Webinar Ninja  Draft one  SURVIVING WORK COMP

I cannot reasonably be expected to do the work of a team of professionals who are allegedly well versed in such matters as return to work.   So, I await response this week, and as I have said to HR repeatedly, let’s do what we can to avoid a FEHA complaint and get me back to work and earning capacities, with an aim to have me fully integrated into the work force by December, starting July 27, 2015.

Thank you.  I look forward to return to working and to magnificent outcomes that help not only me, but other injured workers at Wyndham Worldwide, and everywhere.   PS The Ramada people are tops!  They reallly exude COUNT ON ME behavior!

How Does an Injured Wyndham Worker Return to Work?  BY ANY MEANS NECESSARY!

Let’s get down to business.

Sincerely,

Linda Ayres, In Pro Per

ADJ 8181903

CNA E3269102WE

PO Box 835

Yucca Valley CA 92286

760 368 7236

cc:  “Supplemental People” and The Working World At Large via Social Media

PS  As I try to edit this and check for typos, I just keep adding more text and I have to prepare to drive to Coastline.   I will send it shortly and hope to receive the proposal from the Wyndham Leave Support offices this week, in time for my Thursday morning doctor’s appointment.  I will print and take this blog with me to that appointment, as the doctor is just now reviewing my medical history.   Thanks a bunch.   Hope to see you all July 27, 2015.  Please advise if the training class starts sooner or later, and assign a “table” to me at the Palm Springs Sales Office….. “I’ll be back!”   If Bobo is there, I want to sit by him, or by Rodney!

INJURED WORKERS DEMAND DOCTORS AND LAWYERS TRIALS?!

Few studies discuss the true causes of the absolute failures of the Grand Bargain, known by  injured workers as the Grand Work Comp Fraud.

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As evidenced at Doctor’s Trials of Nuremberg, when doctors are criminals, there are grave social problems. When the criminal activities of doctors are supported and protected by criminal lawyers, the problems are compounded for all concerned. 

Work comp insurance systems are a mega billion dollar crime syndicate, fleecing, maiming,  torturing injured workers, causing permanent disabilities and premature deaths for injured workers  and reaping extreme profits for the sonderkommando involved.

No, we don’t need more studies. All involved know the truths of the atrocities. But, if more studies are desired, begin to study how cops and firefighters are tortured and abused by the WorkCompsters when injured on the job.

Think harder and include the plight of injured veterans, being denied medically necessary treatments and “incapcitation pay”  while self righteous  and arrogant psychopaths allege the horror stories are exceptions rather than the rules of the work comp killing games. 

When doctors and lawyers and judges and their ilk breach oaths of office…  take heart in knowing there are others who take their Oath seriously,

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…and will responsibly honor Oath before orders.

Start the 21st Century Doctors and Lawyers Trials in America and Canada and UK.  Hold the multinational crime syndicate’s participants accountable for the extermination practices of Workers Compensation Grand Fraud. . . Prepare the gallows.

“WE ARE THE MEDIA NOW”

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ASK ABOUT WORKERS COMP GRAVY TRAINS NOW.

“Follow the money.  Always follow the money. “

I worked for CNA

Many years ago, I also worked for #CNA. Today, I am an Injured Worker, ‘Protected’ by a CNA Worker’s Compensation policy, since January 9, 2012.  



Perhaps this and other like groups will find value and lessons to be learned in this blog…  https://askaboutworkerscompgravytrains.com/list-of-posts.

This is Brain Injury Awareness month! Think think think.

Thomas Motamed has quite the organization, doesn’t he? Please extend hellos and wishes for a very interesting life to him and his ilk.

Thanks so much.



PS. GotTBI2? #WarOnWorkers got you down? Interrupt the war on workers. WOW! 

Be creative.

If you can’t work, then blog! It doesn’t have to be perfect… We are in the trenches… We’re surrounded by psychopaths… The good news is… We know where they are.



We are the media now… Carry-on.

ASK ABOUT TBI SURVIVORS NOW

https://askabouttbisurvivorsnow.wordpress.com/2014/08/21/introducing-my-new-website-ask-about-tbi-suvivors-now/



  • WE ARE THE MEDIA NOW 

Beyond enforcement

‘Puzzling, baffling, bewildering, perplexing, mysterious…. and the #GrandWorkCompFraud band marches on; Profits for all concerned were how high last year?
image

My employer just extended leave of absence ( without benefits or claim audits to find out why there have been failures to provide medically necessary care for over 3 years for a traumatic brain injury). The letter and attachments suggested they could not keep
image

extending forever.

I guess they hope that more rest and wait and wait and wait is the new scientifically advised work comp only treatment for brain injury. They still don’t know how to extend a ‘get well’ wish
image

either… Or raise funds to alleviate the health and financial devastation  they have caused.

I filled out the surveys for both ProPublica and OSHA… I wonder…

Carry on Committees of Bloggers and other experts in the field… Work comp is a killing field; Send in the demolition teams and let’s hope the DA and the DOJ are not ‘AWOL’ much
image

longer.

Thank you.

Where do we go from here WorkComp, Wyndham, CNA, Grancell, Corvel and My Fellow Americans

WE ARE THE MEDIA NOW: OPEN RESPONSE, TO WHOM IT MAY CONCERN:

  MIC CHECK RED PODIUM

[If YOU have ideas on how to resolve this, and matters like it, without a WorkComp death penalty for getting injured on the job, please advise!]

Dear Tina:

Thank you for your kind letter.

“I will share your request with the Leave Support Center and ask them to review your request and provide you a written response with the outcome.”

Please do also send the information on how to redeem the $54.73 “Three year Service Award”….  It will help with the costs of food and lodging while attending the Coastline Acquired Brain Injury Program.  I will ask my accountant to revise my 2014 return.

How nice.  That’s the first I am hearing of a monetary award for years of service!  Did I miss one for 2013? I got a card from Tommy with a Pin for the first year back.  I still have it.  Timeshare did change my life…for the best when I bought my first one, then for the better when I became a salesperson, then….. for my near total destruction upon being injured at work.

Please consider THIS  letter a further addendum to request for continued leave of absence, through December 1, 2015, such leave being part of the accommodation request.  If I can get back sooner, I will.  Dr. Hilda will reevaluate periodically, as will staff at Coastline.  

Please see the attached letter from Matrix Absence Management, a member of the Tokio Marine Group, as administrators for Reliance Standard Life Insurance Company, and the Long Term Disability Provider of the self-purchased Wyndham LTD policy.  I can tell you that Matrix/Reliance has been consistently kind, professional, and helpful, even through the financial chicanery of CNA that complicated payment of the LTD policy, more than once.  The experience between the two insurance companies is as different as night and day, good and evil, honorable and unlawful, kind and vicious…..

 

Attached is the IME, Independent Medical Exam by one of the Reliance ‘independent’ neurologists. Stewart Reubens, of Grancell, also requested a copy of this report and it is therefore being sent to all stakeholders. I am under no legal obligation to share this information; it is relevant to the possibly criminal matters at hand, that absolutely require Wyndham Intervention at the highest levels now. Let’s avoid a #FEHA lawsuit, although it seems Grancell has other aims. I have not been authorized to return to work because medically necessary treatments have not been authorized for over three years.

POLITICAL LANGUAGE

 

Ain’t that a crime?!!  If it wasn’t WorkComp, it would likely be attempted murder!   ” First- degree murder  is any intentional  murder  that is willful and premeditated with malice aforethought.”  Complicity in such acts likely has serious consequences as well.

Please note the Reliance letter clearly states:

“Based on the medical information contained in your file, you are considered totally disabled from performing any occupation for which you are qualified, by reason of training, education, or experience.  As a result, benefits will continue to April 8, 2017, or until you no longer meet the provision of your policy, whichever occurs first.”

How is it, do you think, that both of Wyndham’s insurance companies can have such diverse opinions on my ability to return to work?  Grancell has done everything possible to ensure I am not able to return to work, while they churn the files.  Yesterday, I received another big set of papers from CorVel corporation, pure chicanery and deceptions, but it is their standard of practice.  I have about 3 reams of their bogus expensive reports.

Please see the attached links on how one Mayor has requested a complete audit of CorVel.

http://www.star-telegram.com/news/local/community/fort-worth/article9336116.html

See more comments at Bob’s Cluttered Desk

Confusion Reigns Supreme – CorVel Hospital Experience is a Lesson for All of Workers’ Comp

http://tinyurl.com/l7fxpzw

Forth Worth Mayor and CorVel

If the Mayor can call for an Audit of CorVel’s WorkComp practices, Wyndham Worldwide can certainly call for an audit of at least my case, and ideally, an audit of all claims over the past 5 years that resulted in absences of longer than 90 days, or forced resignations as a requirement to facilitate medically necessary care. Certainly such an audit will identify a pattern of practice clearly showing the Wyndham is paying premium for insurance coverage that does not provide medical care to injured workers, and in fact, failures to provide medical care by said provider, cause egregious harm to both injured worker and employing corporation, with callous disregard for life and corporate profits and shareholder interests.  (Good for defense law firm shareholders apparently, good for nobody else.)

 

I know how that cop’s family must feel. My dad was a firefighter. I know how that ‘Brotherhood’ can mobilize and organize to help it’s own when under attack by the likes of CorVel, and what is to come for the family, also, during recovery.  I have seen the industry attacks on Cops in LA, alleging they are off work for long periods of time, blaming the cops, not the deniers of medically necessary treatments.   Yeah, industry propaganda.   Anybody with a job anywhere in the USA could be next.

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

LI  Self Procured Medical Care

I have stories about those first weeks when a “Case Manager, Nurse Lorraine” terrorized me, and   my doctor’s!!!    Did she work for Corvel?  I don’t know.  I think she worked for CNA.  I do know that for more than 2 years, since 2/21013,  CorVel has been complicit in denials of medical care based on some pretty fictitious and outrageous misrepresentations of medical records, and omitted/ignored medical records, in full disregard of ACOEM, MTUS and NIH guidelines for treatment of closed head injury/concussion, tbi, traumatic brain injury and related consequences. CorVel staff make it very clear that they work for the insurance company, and that would seem to be a severe conflict of interest.

See YOUR letter below for more insights to what I have experienced at the hands of these premium sucking/injured worker harming vendors!

The consequences and validity of the course of treatment that have contributed to my leave of absence being more than 3 years, and great bodily to me because of the breach of fiduciary responsiblity by CNA and it’s defense counsel, Grancell-Corona and Grancell-Novato,  is simply stated as follows:

CNA INSURANCE has authorized this medical care since date of injury:

2012 – Chiropractic, Clinical Psychologist (less than 20 sessions each)

2013- Physical Therapy-6 sessions

2014 – Chiropractic, Acupuncture, 24 sessions of Speech Therapy, Occupational Therapy, and

Physical Therapy  (Obtaining a Court order was required for Grancell to authorize scheduling of authorized chiro and acupuncture)…..

2015 – NO MEDICAL CARE, NO RETURN TO WORK, NO DISABILITY BENEFITS paid by CNA SINCE MAY 2014, after refusing to pay, despite Court agreement, in 2012/2013.  Funky accounting let them off the hook with a $16K profit for ‘negotiated’ reimbursement to the State of California for monies the State paid out of my account in 2012/2013.  (Small Permanent Disability advance received yesterday, that will serve to facilitate Coastline ABI program attendance. According to the law, PD estimated payments were due 14 days after last TTD payment… which was May 8, 2014.  See another problem here? Let’s work together for a solution; CNA has a fiduciary responsiblity to Wyndham, and TO ME, as an insured injured worker; that has been breached repeatedly; let’s change that for me, and for all injured workers who follow this path.)

Clearly, the above meets no thinking person’s idea of legitimate, reasonable nor appropriate medical care for a well documented traumatic brain injury.  It does not comply with WorkComp guidelines, ACOEM, MTUS, NIH or any thinking person’s notion of how to deal with brain injury. 

brain concussions football

Self procured (I PAID FOR IT MYSELF VS. QUIETLY LOSING MY LIFE) medical care has included physician requested but adjuster/attorney denied treatment:

2012- Functional Neurology with TBI Expertise, MRI Brain, chiropractic

2013 – Vision Therapy & Prism Lenses, Chiropractic, Acupuncture, Speech therapy

2014 – Vision Therapy & Prism Lenses, Chiropractic, MRI – TBI Protocol, Acupuncture, Neuro-Psychology sessions

How many thousands and thousands and thousands of dollars have been spent on reports that requested medical care since 2012, that were simply ignored until February 2013, then they were denied in UR evaluations that would not pass a legitimacy test? More than $50,000 was spent at SCRIPPS in 2014, for merely 24 days out of the recommended 3-6 months.   What a waste of money was that!  Whose money was it? Furthermore, such a program is more beneficial for NEW Injuries, not 2.5 year old untreated head injuries.  Helpful, yes, but if CNA had only agreed to Coastline ABI program when it was first presented in May 2014, I could be almost back to work now for a fraction of the cost, and more compensatory skills.

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

CNA was required by law to be proactive in finding and securing help for me.  The only brain injury treatments received were all based on my own diligence and research, at the guidance of various reporting doctors, who’s recommendations were consistently ignored.  Romano Trust vs. Sedgwick rulings apparently gives companies like CNA the right to kill injured workers.  Is that the type of company that represents Wyndham Corporate Culture and Values?  WILL WYNDHAM STEP UP NOW?

Out of all the evaluating doctors seen, only 3 supported denial of medical care….. known industry leased/owned doctors….Zardouz, Kent and O’Brien.    Any district attorney investigation should likely start there, then move through the list of complicit CorVel doctors, and, of course, to the handling of the mis-information by Ms. Mall of Grancell, and supported by Mr. Reubens of Grancell, while the CNA adjusters seemed to be ‘just following orders’.   Most likely, WE, THE PEOPLE, NEED THE DEPARTMENT OF JUSTICE TO INTERVENE IN WORK COMP CRIMES, NATIONALLY, WITH A SPECIAL COMMISSION.  In seeking Class Action potential, it seems too many attorneys are too afraid of the big corporations, or have no working knowledge of fighting for civil rights.  Others simply seem to be in cahoots with the dubious doctors, law firms, scams and other providers.

Brain  viral mashable more

As an injured Wyndham Worker, and as a Wyndham shareholder, I am hereby formally requesting that an immediate claim audit of my case be conducted…. top include th CNA handling, the Grancell obfuscation of all facts and file churning, and the CorVel deceptions.  As I see from the article, an Employer does indeed have the authority to question the handling of claims, and a responsiblity to do so when the harm caused by the employer’s vendors has been so egregious.   PLEASE WORK WITH MIKE DOUGHERTY TO GET THIS CLAIM INVESTIGATED, WHILE I GET AS MUCH COMPENSATORY STRATEGIES AS POSSIBLE WHILE AT COASTLINE ABI PROGRAM.   Here is that link as well. http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/    

I will never be whole, but without treatment, I will forever be 100% disabled.   That’s not ok.

Thank you also for the vouchers for discounts at the Wyndham property in Newport Beach, near Coastline Community College Acquired Brain Injury Program. The staff at Ramada Inn – Newport Beach is always so kind, patient and gracious. When I first arrived there, in October 2014, I didn’t know it was a Wyndham property (I forgot how big Wyndham is!)  I told my “WorkComp Story” at check in, as I tell anybody who will listen, and the Front Desk Manager listened patiently and said, ‘Well, let’s get your experience with Wyndham back on a positive track.  Allow me to upgrade your visit.”   Kindness goes a long way.

With the tiny advance on Permanent Disability funds just received (thanks, Fred!), I hope to be able to complete the one year ABI program, which is officially concluded December 10, 2015, and I will jump through all the hoops to get there, stay there,and excel there, getting the compensatory strategies that are offered when people with brain injuries have exhausted all restorative treatments, or didn’t get any, like I didn’t.   Maybe I can organize a Student Union activity on behalf of InjuredWorkers in California, or an educational launch to reach ignorant doctors, lawyers and adjusters, and work with DA’s to deal with the rest of them.  That would be a big goal, but as a Salesperson, I know the value of goals, written goals, and Vision Boards.  More than one of my doctor’s has indicated that I’m so smart, that’s the only reason I have survived this atrocity to the degree that I have.  I want to help Wyndham get a better insurance company and a better, more-pro-active work comp program to avoid fiascos like this in the future.

NOBODY SHOULD HAVE TO EXPERIENCE THESE HORRORS.   Plus side, I’ve learned to blog, and from the comfort of my War Room, I can type like there’s no tomorrow.  That part of my brain stayed in tact…… I wrote you, Tina, a letter, that morning of the 2nd impact on 2/4/12, when I told you if I die because of failures to provide medical care, that I hoped my family would sue Wyndham to kingdom come.  Well, I didn’t die yet, no thanks to Wyndham or it’s vendor.  My quality of life has severely diminished, and my life span has been dramatically shortened, and future health risks from untreated TBI are numerous.

Let’s make a positive impact now, while I can still fight the good fight!

cognitive dissonance turbulence

The first year was the most important for care. CNA knew that. So did Grancell.  It’s in the reports they chose to ignore. Remember, they attempted to coerce me to accept $100,000 in November 2012 in lieu of a deposition, treatment, and it required that I forfeit all civil rights, including my right to return to work.  I’m stuck with permanent brain damage because of all of this, and of course, I am not happy about it all.   Remember also, that the first neuro-pscyhologist, Dr. Eileen Kang, recommended “speech therapy with cognitive remediation” and indicated after that I would return to work.  Speech therapy was never authorized till I got to Scripps – Encinitas, in the Summer of 2014.  The damage was already done.

I will plan to return to work on or before December 1, 2015, hopefully, with few other accommodations to be requested/required.   Dr. Hilda Chalgujian is following my case, and Dr James Pasino at Coastline Acquired Brain Injury program is the neuro-psychologist in charge of the program, which is nationally renknowned and a model for other State program, and is supported by the Department of Rehabilitation.  I have requested and been authorized to participate early in the ‘career planning strategies’ for ABI survivors, which starts next week, in addition to the regular curriculum.  It is normally recommended that the program be 50% completed, but since I don’t know if I will be able to afford to stay through June 2015, I want to get as much good from the program as possible, and perhaps I can be one of the first virtual participants in the suMmer/fall program.  That’s just a hope of mine.  The drive is very hard on me, but I have to do it if I ever expect to have a life again.  LINK FOR MORE INFO:  http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/

So, I await confirmation of the continued leave of absence, the Award redemption information, and confirmation that a full audit will be conducted, with perhaps a call to the Attorney General’s office in California to expedite further investigations of these horrific crimes.   While Grancell attempts to fraudulently state that I was this way before…. I have to laugh at their arrogance.   There is no such evidence, nor is there any way that Wyndham would have repeatedly hired  me in different locations, and even send me to Big Bear in January 2011 to help out during a time of severe management upheaval.  As you may recall, I was #1 Sales Rep of the Month more than once.

Perhaps CNA and Grancell current players are unaware of the timeshare world, and how it just doesn’t “MAKE SENSE” to attempt to kill an injured Timeshare Sales Person…. without expecting consequences.  More details are available at the blog site,  https://askaboutworkerscompgravytrains.com/list-of-posts.  God bless America, and the First Amendment., the 14th Amendments,  the Civil Rights Act and the US Constitution.

constitution  too long didnt read

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal   protection of the laws.”  

14th amendment violated by Workers Compensation Corporations?

It is my hope and prayer that Wyndham will make a difference, starting with it’s injured workers, and taking it global.  There are good people at Wyndham, and I have been blessed to know many of them.   I recoil, as if from a hot flame, at the very thought of the people at Grancel and CNA, but I’m just sensitive to evil that way.

end evil  step out of line

So, as I told Stewart Reubens and Fred Sachs, I don’t want to fuss about things while I am at Coastline.  I have also learned that 3 years in complete Survival Mode (or 2 years, since the first year I was hardly present cognitively)…. such stress is similar to what prisoners of war experience, and it is very dangerous for a brain injured person. Obviously, treatment will never happen via CNA, as many doctors have told me, in their own sheer utter discouragement and despair.  Nor is there any interest in good faith mediation.  So I hope they will just stay out of my way and let me recover and get back to work.

Defense Against the Psychopath (Full length) – YouTube

Jan 10, 2013 – Uploaded by Soull Purple

Defense Against the Psychopath By Stefan Verstappen Defense Against the Psychopath is a documentary ..

My plan is to continue at Coastline uninterrupted through December, then return to work at Palm Springs, in time to get trained and ready for high season.

Brain Injury Advocates

Thank you, Tina, also for the kinder tone of your letter.  Another peer at Coastline indicated her horror that nobody from her job of over 20 years so much as called to see if she was ok.  Another teacher, in Boston an a Nurse in North CA  is having the same sort of “work comp” troubles as I am, and it’s a self-insured school district, but with the same unclean hands and legal chicanery.. It’s epidemic.  Across the Nation.  #InjuredWorkersUniting  #SilentNoMore

Sincerely,

Linda Ayres, In Pro Per

760 368 7236

wynLINDA@gmail.com

WorkCompLinda@gmail.com

https://www.linkedin.com/in/lindaayres311

LinkedIn Posts  https://www.linkedin.com/today/author/52490934

ADJ8181903  / CNA e3269102WE

LI Profile Ranking  2 7 2015  826 am pst

Attachments:

[Sent to distribution list of all stakeholders; available to any interested parties via email request @WynLinda@gmail.com; could not figure out how to attach PDFs to blog.]

Wyndham Letter Re LOA  dated 2/6/15

Matrix/Reliance LTD letter dated 2/5/15 confirming continuation of benefits thru 4/8/17…

IME – Neurology Report of Dr. Jay Jurkowitz  November 2014, with supplement Jan 2015 report

Dr. Hilda Chalgujian, Neuropsychologist and now PTP, progress report of 1/19/12

With Helpful Links

—–Original Message—–

To: Linda Ayres <  reolinda@aol.com>; Linda Ayres <  wynlinda@gmail.com>
Sent: Fri, Feb 6, 2015 3:17 pm
Subject: Interactive process

Dear Linda,

 

On January 16, 2015, you indicated you had reactivated your Real Estate License and wanted to commence the interactive process regarding your return to work.  Please note that we have been engaged (and will continue to engage) in the interactive process, and we have attempted to work with you regarding your desire to return to work.  Our communications to you regarding your medical status and your desire to return to work constitute engagement in the interactive process.  Despite your desire to return, you still are unable to return to work€“ by your own admission.

  • January 23, 2015 – I am still TTD, temporarily totally disabled. Also, No brain experts have indicated that I am recovered sufficiently to return to work
  • January 13, 2015 I seem to pretty much permanently 100 disabled.
  • December 4, 2014 €œI am still temporarily totally disabled and now my conditions are exacerbated. I am unable to participate in the December 8 training class, much to my great disappointment and anguish.
  • November 26, 2014 €œI ’m tired and have brain fatigue and a little preservation . . . other cognitive deficits exist . . .
  • November 26, 2014  My California Real Estate Broker license expired because I was unable to cognitively perform the continuing education courses in time.
  • November 4, 2014 Because of my cognitive impairments, I am much slower to figure things out .

 

When you expressed your desire to return to work, we requested a medical release, but you have not provided one.  We need that release and its accompanying description of your limitations so that we can work with you to see if there is a position for which you are qualified, the essential functions of which you could perform with or without accommodation.  We cannot place you back in the workplace without that information and subsequent discussions with you.

 

In an email you sent on February 1, 2015, you stated €œI . . . .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.”

 

Regarding your request of an extended leave of absence until December 1, 2015, from your email on February 1st, I will share your request with the Leave Support Center and ask them to review your request and provide you a written response with the outcome.   Additionally, per your request, I signed discount vouchers for Wyndham hotels and provided them to you so you could secure accommodations at your expense.  Let me know if you need more in the future and I would be happy to assist.

 

Finally, you inquired about reported compensation in the amount of $54.73 for 2014.  We researched and found that the amount is associated with your three year service award with WVO.  To address this outstanding issue, you may either redeem the award (we will provide you the information to redeem online) or you may elect to forgo the award and we can reissue a W-2 to you for 2014.  Please note that reissuing the W-2 may take approximately 45 days to complete.

 

Please let me know if you have any questions and advise how you would like to proceed on the service award issue.

 

Thanks so much,

 —-Wyndham Human Resources


 work comp guidelines
Cheers!
Linda Ayres, In Pro Per
#WorkComp & #TBI Survivor since 1/9/12
mobile: 760 368 7236
email: wynLINDA@gmail.com <2014
#InjuredWorkersUniting #SilentNoMore
WorkCompLinda  Twitter
http://www.gofundme.com/wynlindaworkcomp  MED/LEGAL/ACTIVISM/SURVIVAL
 ele cognitive dissonance

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

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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

#MicCheck! Couple claims workers’ comp system rigged? Oh My!

 ‘ANALYZE THIS!’  [Another!!!]  #InjuredWorker Request for Support!

work comp guidelines

 

“SAN DIEGO – A husband and wife claim the workers’ compensation system in San Diego courts is a “good old boys” club, where cases are settled for pennies on a dollar, and they said anyone who is entitled to help has to fight to get it…..”   

“How could they be so blatant in doing this?” Campbell said, and stated she is angry her attorneys pressured her to settle her case for pennies on the dollar.
Campbell said one of her attorneys told her fraud charges would be filed against herself, if she didn’t settle.”

“It puts us in a tough position,” said Campbell’s husband, David Heibert. “Settle the case or hire a criminal attorney.”

http://www.10news.com/news/investigations/couple-claims-workers-comp-system-rigged-against-them

CONNIE CAMPBELL   CA INJURED WORKER

See More.  Share More.   WE ARE THE MEDIA NOW!  SO BE IT!

WORKCOMP GOT YOU DOWN?

15% OF INJURED WORKERS IN AMERICA ARE ‘UNREPRESENTED?”

Approximately 8 million of the 54 million injured workers?  

What would SunTzu do?  What would Makana sing?

https://askaboutworkerscompgravytrains.com/2015/01/13/workcomp-got-you-down/

the game is rigged

What did you learn about Defense Against the Psychopaths this week?

RE-review?

The only known ‘defense’ strategies… DEFENSE AGAINST THE PSYCHOPATH:

https://www.youtube.com/watch?v=Gd6P1Ue2aGg

What would Dr Yamacrook do? “Win?Win?” situations.. ,,, IME’s

https://t.co/upO2dLIsDP

WE ARE THE MEDIA NOW

what would you do about work comp today

LEGAL STRATEGIES TO INCREASE LEGAL FEES AND #WorkComp PREMIUMS TODAY

http://wp.me/p3GTyU-us

MIC CHECK RED PODIUM

“WE ARE THE MEDIA NOW”

 

#InjuredWorkersUniting!  #SilentNoMore

What would YOU suggest as next right actions for this courageous and outraged couple, and other like them?

Lucy Occupy might suggest the following:

  1. Connect with Linda Ayres on linked in…. https://www.linkedin.com/in/lindaayres311
  2. See Linda’s blogs on Linked in:  https://www.linkedin.com/today/author/52490934  See particularly, Journalists, Judges and Lawyers, OhhhMyyy!?
  3. Join LinkedIn group: ASK ABOUT WORKERS COMP GRAVY TRAINS NOW …. and post like there’s no tomorrow…
  4. Search and Join LinkedIn groups relative to YOUR industry, and to WorkComp, Workers Comp, WorkComp, Injured Workers, Insurance…
  5. Follow the blog, ASK ABOUT WORKERS COMP GRAVY TRAINS NOW and peruse the AAWCGT list of posts: https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/
  6. Join NAIDW.org   National Association of Injured & Disabled Workers… “No Injured Worker Left Behind” … https://naidw.org/ And create a group, join groups, use their blog app, and BE THE MEDIA…. Make friends; influence people…
  7. Follow the “Top 25 WorkComp Industry Blogs,” and comment regularly; if they are right, support them; if they are wrong, correct them; if they are in collusion, expose them… https://askaboutworkerscompgravytrains.com/2015/01/05/committees-of-bloggers-for-workcomp-transformation/
    1. http://www.lexisnexis.com/legalnewsroom/workers-compensation/b/recent-cases-news-trends-developments/archive/2014/12/16/lexisnexis-top-blogs-for-workers-39-compensation-and-workplace-issues-2014-honorees.aspx
    2. http://www.lexisnexis.com/legalnewsroom/workers-compensation/b/recent-cases-news-trends-developments/archive/2013/12/04/lexisnexis-top-blogs-for-workers-39-compensation-and-workplace-issues-2013-honorees.aspx
    3. http://www.lexisnexis.com/legalnewsroom/workers-compensation/b/top-blogs/archive/2012/10/29/lexisnexis-top-25-blogs-for-workers-compensation-and-workplace-issues-2012-honorees.aspx
    4. http://www.lexisnexis.com/legalnewsroom/workers-compensation/b/top-blogs/archive/2011/11/04/lexisnexis-top-25-blogs-for-workers-compensation-and-workplace-issues-2011-honorees.aspx
  8. Post your updates on Facebook page, ASK ABOUT WORKERS COMP GRAVY TRAINS https://www.facebook.com/AskAboutWorkersCompGravyTrains  (AND USE THE sign up BUTTON to get directly to the blog)
  9. Tweet Up? https://twitter.com/lindaayres311
  10. See results? https://askaboutworkerscompgravytrains.com/?s=25+top+blog
  11. Follow Lucy Occupy & Friends on Blog, Twitter and Facebook….  lucyoccupy.com/lucy-occupy-said/    “MAKE A POSITIVE IMPACT IN 2015!”
WE ARE THE MEDIA NOW. OCCUPY VIRTUALLY.
WE ARE THE MEDIA NOW. OCCUPY VIRTUALLY.

occupy virtually 99 percent